0414.00 Pregnancy and Lactation Accommodations
- The Pregnancy Discrimination Act of 1978, amending Title VII of the Civil Rights Act of 1964
- ORS 653.077, Expressing milk in workplace
- ORS 659A.145, Prohibited conduct
- ORS 659A.146, Reasonable accommodation
- City of Portland Human Resources Administrative Rule 1.06, Employee Medical Files
- City of Portland Human Resources Administrative Rule 2.06, Reasonable Employment Accommodations
- City of Portland Human Resources Administrative Rule 6.01, General Leaves of Absence
- City of Portland Human Resources Administrative Rule 6.05, Family Medical Leave
- City of Portland Human Resources Administrative Rule 8.01, Hours of Work and Schedules
- DIR 0020.00, Mission, Values, and Goals
- DIR 0060.40, Personnel Orders
- DIR 0210.21, Leaves from Service
- DIR 0210.29, Personnel Assignments
- DIR 0410.00, Injuries/Occupational Illness/Disability/LOS
- DIR 0415.00, Return to Work Policy
- DIR 1500.00, Training
- Full Duty: A sworn member’s status as able to perform the full range of job responsibilities associated with the police officer job classification, without restrictions.
- Modified Duty: A sworn member’s temporary status as not able to perform the full range of job responsibilities associated with the police officer job classification, provided as a reasonable accommodation for pregnancy.
- Pregnancy: For the purpose of this directive, “pregnancy” means pregnancy, childbirth, or a related medical condition, including but not limited to lactation.
- Reasonable Accommodation: reasonable accommodation may include, but need not be limited to acquisition or modification of equipment or devices; more frequent or longer periods or periodic rest; assistance with manual labor; or modification of work schedule or job assignments.
1. The Bureau recognizes that a diverse workforce is essential to best serve the community, women police officers are a fundamental part of that diversity, and trained and experienced police officers are a critical resource. Pregnancy is a temporary medical condition that may or may not affect a member’s ability to perform their job responsibilities.
2. This directive establishes procedures for providing pregnant and/or lactating members reasonable accommodations (which may include temporary modified duty assignments) and leave when they are unable to perform part or all of their job responsibilities for medical reasons related to pregnancy. The Bureau will strive to offer modified duty assignments for pregnancy that allow sworn members to maintain or grow their skills and develop their careers.
1. Notification Procedures.
1.1. For public safety and management purposes, sworn members are encouraged to notify the Bureau as soon as practicable upon confirmation of and decision to continue their pregnancy. However, sworn members are not required to disclose a pregnancy unless or until the member reasonably believes they cannot safely perform their current job responsibilities and/or if the member seeks a pregnancy-related accommodation, such as a modified duty assignment.
1.2. To notify the Bureau of their pregnancy and, if applicable, request accommodations, sworn members shall contact any supervisor, EAP member, Human Resources (HR) Business Partner, or the Personnel Division (Personnel) Manager.
1.2.1. Members shall request modified duty for their pregnancy in writing. Members may be asked to obtain a physician’s letter outlining any restrictions that limit the member’s ability to perform their current job responsibilities.
1.3. If a sworn member discloses their pregnancy to a supervisor, EAP member, or HR Business Partner, the supervisor, EAP member, or HR Business Partner shall notify the Personnel Manager directly, as soon as practicable.
1.4. The Personnel Manager or designee shall offer the pregnant sworn member a conference with the FMLA Coordinator, FPDR Liaison, HR Business Partner, and EAP representative to review this directive and provide information on pregnancy-related accommodations and potential leave options.
1.5. The Personnel Manager shall inform the member’s RU manager of any necessary accommodations or modifications to the member’s duty status.
1.6. Pregnant or lactating sworn members shall not be reassigned or placed on modified-duty or leave because of their pregnancy unless requested by the pregnant or lactating member.
1.6.1. The Bureau may determine that a member’s medical condition prevents the member from safely performing all of their job responsibilities. In such cases, the Bureau shall not treat pregnancy differently than any other medical condition which prevents the employee from safely performing all of their job responsibilities and shall comply with all applicable laws, and bargaining agreements.
1.7. When on modified duty, members have an obligation to inform the Bureau if and when they are capable of returning to full duty. Accordingly, members shall submit a physician’s letter as soon as practicable if/when their pregnancy or related medical condition changes and the change affects their ability to perform their job responsibilities.
2. Full-Duty Option.
2.1. Pregnant and lactating sworn members may remain in full-duty status as long as they are able to safely perform their job responsibilities.
2.2. Pregnant or lactating sworn members should consult their physician to consider risks and benefits of remaining in full-duty status.
2.3. The Bureau shall provide uniform accommodations for pregnancy when practicable.
2.4. The Bureau shall provide pregnant or lactating sworn members with reasonable accommodations for weapons qualifications, including but not limited to the following:
2.4.1. Non-toxic, lead-free ammunition.
2.4.2. Assistance with cleaning and loading firearms.
2.4.3. Firearms silencer use.
2.4.4. Simulated weapons qualification platform.
3. Modified Duty Option.
3.1. During pregnancy, sworn members may request, and shall be granted to the extent practicable, a temporary modified duty assignment for medical reasons related to their pregnancy.
3.1.1. Lactating members are eligible for modified duty assignments only until their child is 18 months old, unless granted an extended modified duty assignment at Bureau discretion.
3.2. The types of modified duty assignments available are based on the operational and business needs of the Bureau.
3.3. Members in modified duty assignments may be reassigned or have work hours and days off changed based on the needs of the Bureau, availability of modified duty assignments, and pursuant to applicable collective bargaining agreements.
3.4. Modified duty assignments for pregnancy may consist of, but are not limited to:
3.4.1. Taking calls for service by phone and writing police reports.
3.4.2. Review and approval of police reports submitted online.
3.4.3. Operating a police radio.
3.4.4. Desk-based investigatory work.
3.5. Modified duty assignments for pregnancy could involve restrictions for varying medical reasons. Every person’s pregnancy and medical needs are different.
3.6. Personnel shall maintain an SOP outlining the availability and assignment procedures for modified duty assignments for sworn members. The SOP shall include how job analysis is determined for modified duty assignments and how modified duty special assignments are assigned.
3.7. The Bureau shall not discriminate based on pregnancy when allocating modified-duty assignments among members with other medical conditions.
4. Other Reasonable Accommodations.
4.1. This directive is not exhaustive regarding reasonable accommodations for pregnancy. Members requiring an accommodation for pregnancy can contact the HR Business Partner to discuss additional reasonable accommodations.
5. Leave and Return from Leave and/or Modified Duty.
5.1. The Bureau shall comply with City of Portland Human Resources Administrative Rule 6.01, General Leaves of Absence; City of Portland Human Resources Administrative Rule 6.05, Family Medical Leave; Directive 0210.21, Leaves from Service; and Directive 0415.00, Return to Work Policy.
5.2. Members returning from pregnancy-related leave shall receive retraining in accordance with Directive 1500.00, Training.
5.3. The Bureau shall strive to assign sworn members to the same RU they were assigned prior to their leave when requested by the sworn member.
6.1. The Bureau shall provide lactating members up to 90 minutes of paid breaks each day to express milk for the member’s child 18 months old or younger.
6.2. Members shall notify a supervisor, EAP member, HR Business Partner, or the Personnel manager in writing of their intent to express milk at work.
6.3. Lactation Rooms.
6.3.1. The Bureau shall provide a private location, in close proximity to the member’s workplace, for members to express milk
6.3.2. The Bureau shall establish at least one dedicated lactation room at North Precinct, East Precinct, the Justice Center, the Training Division, and the Penumbra Kelly Building for members to express milk.
6.3.3. Lactation rooms shall:
18.104.22.168. Be private, shielded from view, and not located in a restroom.
22.214.171.124. Have a locking door and operational electrical outlet.
126.96.36.199. Include a chair and/or couch and table and/or desk.
188.8.131.52. Contain signage on the door to indicate when the room is occupied.
6.3.4. When possible, lactation rooms should contain or be close in proximity to a refrigerator, a microwave, and a sink with clean, potable water.
6.4. Storage of Milk
6.4.1. Members are responsible for making arrangements for storing expressed milk.
6.4.2. Members may use refrigerators located on Bureau property, unless the refrigerator is used for storing biohazards or laboratory specimens. Members shall provide their own containers for expressed milk and store the containers in a labeled, personal storage bag.
6.5. Retaliation Prohibited.
6.5.1. This directive strictly prohibits any retaliation, or threat of retaliation, for requesting or receiving an accommodation under this directive.
7.1. The Bureau will ensure the confidentiality of all medical information obtained regarding accommodations under this directive. Medical documentation must be kept separate from an individual’s personnel file. Non-medical information obtained during this process is shared as needed with those involved in providing accommodations.
- Originating Date: 04/29/13
- Last Revision Signed: 07/01/21
- Effective Date: 07/31/21
- Rescind Directive 210.20, Milk Expression
- Next Review Date: 07/31/23