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PREGNANT OFFICERS A-220 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PREGNANT OFFICERS NO: A-220 FILE: PREGNANT OFFICERS EFFECTIVE DATE: 02-18-91 REVISED: 11-04-91, 12-25-94, 07-01-99, 06-01-06, 07-01-20 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Pregnancy Discrimination Act, 1978 (amendment to Title VII of the Civil Rights Act of 1964); United Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991); Fresno County Sheriffs Office policy 1023; and "The Pregnant Officer" Clinics in Occupational and Environmental Medicine, Volume 3, Issue 3 (August 2003). PURPOSE: The purpose of this policy is to establish procedures for pregnant employees to ensure the best possible outcome of the pregnancy and to decrease the female officer's professional risks. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that pregnant officers have the option to alter their work assignment to a modified duty assignment that does not involve direct contact with inmates. It is the policy of the Fresno County Sheriffs Office Jail Division that the decision as to when to commence a modified duty assignment shall be left to the pregnant officer and her physician. PROCEDURES: I. NOTIFICATION OF PREGNANCY A. Officers are encouraged to report their pregnancy as soon as possible for management planning purposes. However, no officer shall be required to disclose a pregnancy, unless or until the member has reason to believe she cannot continue to safely perform in her current duty assignment. B. Pregnant officers have the option to alter their work assignment to a modified duty assignment that does not involve direct contact with inmates. Page 1 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PREGNANT OFFICERS NO: A-220 FILE: PREGNANT OFFICERS II. FULL-DUTY OPTION A. A pregnant officer may continue to work in her usual, full-duty assignment as long as she is physically able and willing to perform her current assignment. 1. A pregnant officer cannot be compelled to assume a modified duty assignment unless her condition unreasonably interferes with her ability to perform in a full-duty capacity and she is unable to perform the essential functions of an officer. 2. A pregnant officer's duty assignment shall not be changed based upon stereotypes about what types of work pregnant women should do, concerns about public perceptions of pregnant officers, or notions of fetal protection. B. The pregnant officer should involve her personal physician in considering and weighing the occupational hazards associated with corrections work. Risks that should be taken into consideration include physical confrontations and close contacts which could increase the risk for transmission of infectious diseases, including HIV, viral hepatitis and tuberculosis. C. Officers who choose to remain on full-duty status are not exempt from wearing the regulation duty belt. D. If the officer's full-duty assignment requires firearms qualification (e.g., Transportation Officers), the officer is expected to confer with her personal physician and consider the potential risks associated with heavy metal exposure and noise levels prior to shooting. It is recommended that the officer provide her physician with a copy of Addendum A for review and consideration. (Refer also to Section IV of this policy.) E. As necessary, duty belt and protective vest re-fits maybe provided by the Training Unit. III. MODIFIED ASSIGNMENT — MATERNITY DUTY A. The decision as to when to commence a modified duty assignment shall be left to the pregnant officer and her physician. Page 2 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PREGNANT OFFICERS NO: A-220 FILE: PREGNANT OFFICERS 1. Officers who desire a modified assignment must submit a statement from their physician to the Sheriff's Human Resources Unit. The note should include a specific description of any limitations or restrictions,as well as the anticipated due date. 2. Upon receipt of the physician's statement, Human Resources will explain the rights afforded to pregnant employees and inform the employee's Lieutenant of the need for modified duty. B. Maternity Duty assignments will be made consistent with the operational needs of the Sheriff's Office and may include temporary reassignment to another Bureau. Consideration will be made for any specific restrictions identified by the employee's physician. C. Maternity Duty assignments shall avoid the following: 1. A change in shifts without a request or agreement by the officer. 2. Firearms training or qualification (except simulated training). 3. Exposure to high concentrations of toxins, chemical or infectious agents, or controlled dangerous substances. D. Pregnant officers who cannot wear their duty belts will be reassigned to positions that do not involve direct contact with inmates. E. Officers already assigned to specialty positions and posts not requiring inmate contact may remain in those assignments with no special modification. F. Temporary reassignment to an alternative duty assignment will not impact salary, seniority, eligibility for promotion, or consideration for specialty positions. Officers on Maternity Duty will continue to receive normal promotion and pay increases while in that status. IV. TRAINING AND RANGE QUALIFICATION A. Pregnant officers should not participate in training that involves high- impact activity or falls. Training that involves physical contact should be limited to restraint techniques. Page 3 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PREGNANT OFFICERS NO: A-220 FILE: PREGNANT OFFICERS B. Training that involves the exposure to contaminants should be avoided. Pregnant and lactating officers are permitted to opt out of OC exposures during training. C. Pregnant and lactating officers are not required to participate in live-fire training or range qualifications. Potential risks associated with noise levels and exposure to heavy metals and solvents used forweapon cleaning may be harmful to the fetus. 1. In deference to current findings, the Sheriff's Office strongly recommends that pregnant and/or nursing officers not shoot firearms. 2. If an officer chooses to shoot a firearm, the Sheriff's Office will permit the training/qualification to proceed and offer pregnancy-related accommodations (e.g., another person should clean the firearm). (Refer to the Waiver of Liability and the recommendations suggested under Addendum B.) V. MATERNITY UNIFORM A. Uniformed personnel may wear the special maternity uniform after the employee receives her physician's written confirmation of pregnancy. The maternity uniform requirements shall be adhered to as indicated in Sheriff's Office policy#1024/Uniform Regulations. 1. The maternity uniform shirt shall have an even hem and may be expanded as necessary by side panels inserted in the side seams of the shirt. Manufacture printing shall not be allowed to show outside of the uniform shirt. 2. Maternity uniform trousers may have an expandable front panel sewn into the front zippered portion of the trousers and/or elastic or adjustable fasteners may be sewn into the waist area. The front panel shall be the same color as the uniform pants. 3. The maternity uniform shirts shall be worn outside of the trousers and be long enough to completely cover the front panel of the maternity uniform pants and any added elastic or fasteners. 4. Staff members wearing the maternity uniform shall not be required to wear the uniform belt. Page 4 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PREGNANT OFFICERS NO: A-220 FILE: PREGNANT OFFICERS B. Because the maternity uniform does not incorporate the use of the duty belt, the officer will not have ready access to safety equipment. For safety reasons, the officer will be reassigned to a position that does not involve direct contact with inmates, and/or where access to safety equipment is immediately available. C. The employee shall bear the expense of clothing alterations. D. The maternity uniform may continue to be worn for 90-days following childbirth. VI. LEAVE OPTIONS The Sheriff's Office adheres to County policy and procedure for consideration of leave requests. For information concerning paid and unpaid leave benefits, contact the Sheriff's Human Resources Unit. VI I. LACTATION ACCOMMODATIONS A. The Jail Division Lactation Room is located on the Main Jail 2nd floor at the end of the hallway near the Briefing Room. B. Any refrigerator accessible to staff may be used to store breast milk. (Breast milk is food, and is completely safe to store alongside other foods in any refrigerator that is appropriate for food storage.) C. For additional information regarding lactation accommodations, refer to Fresno County Sheriff's Office policy #1018/Lactation Break Policy. Page 5 of 5