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APS 46.7 – Reasonable Accommodation of Pregnant Employees

Table of Contents

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1.  Purpose

The University provides reasonable accommodation to qualified employees for known limitations related to, affected by, or arising out of pregnancy, childbirth, and related medical conditions, including the need to express breast milk. This policy is intended to comply with the Healthy Starts Act (RCW 43.10.005), the Pregnant Workers Fairness Act 42 U.S.C. 2000gg-3() and 29 CFR 1636, the Providing Urgent Maternal Protections for Nursing Mothers Act or PUMP Act (P.L. 117-328), and relevant sections of Title IX (34 CFR 106). Disability accommodation requests related to, affected by, or arising out of pregnancy, childbirth, and related medical conditions may be covered by this policy and by APS 46.5, Reasonable Accommodation of Employees with Disabilities.

2.  Scope

This policy applies to all University employees, including student employees.

3.  Definitions

Accommodation Request—An employee has informed the University of a known limitation and requests a workplace modification or adjustment.

Known Limitation—A physical or mental condition related to, affected by, or arising out of the qualified employee’s pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated to the University, whether or not such condition meets the definition of disability specified in Section 3 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12102. Known limitation includes when an employee is seeking health care related to the pregnancy, childbirth, or a related medical condition.

Lactation Space—A private location that is clean, shielded from view, free from intrusion from others, and functional for expressing milk. Lactation spaces must have either a locking door or signage indicating when the space is in use, and privacy screens when warranted. Lactation spaces may not be in restrooms.

The following amenities are required:

  • Comfortable seating;
  • Appropriate cleaning supplies;
  • Trash can;
  • Electrical outlets; and
  • A flat surface, other than a floor, on which to place the pump.

Pregnancy, Childbirth, or Related Medical Conditions—Pregnancy, childbirth, or related medical conditions has the meaning described in Pregnancy Workers Fairness Act 1636.3(b).

Qualified Employee—An employee or applicant, who with or without reasonable accommodation, can perform the essential functions of the employment position. The employee shall be considered qualified even when the employee cannot perform one or more essential functions, if:

  • Any inability to perform an essential function is for a temporary period (Pregnant Workers Fairness Act 1636.3(f)(2)(i));
  • The essential function could be performed in the near future (Pregnant Workers Fairness Act 1636.3(f)(2)(ii)); and the inability to perform the essential function can be reasonably
    accommodated.

4.  Accommodations for Pregnant or Lactating Employees That Do Not Require Health Care Provider Certification

The following accommodations do not require health care provider certification and are not subject to an employer’s claim of undue hardship when requested by a pregnant employee:

  • Providing more frequent, longer, or flexible restroom breaks;
  • Modifying a no food or drink policy;
  • Providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; and
  • Restricting lifting to 17 pounds or less.

The following accommodations related to lactation do not require health care provider certification and are not subject to an employer’s claim of undue hardship when requested by an employee:

  • Providing reasonable break time for an employee to express breast milk after the child’s birth each time the employee has need to express milk;
  • Providing a lactation space, which may be used by the employee to express breast milk; and
  • Accommodations related to nursing during work hours where the regular location of the employee’s workplace makes nursing during work hours a possibility because the child is in close proximity.

5.  Accommodations That May Require Health Care Provider Certification

The following requested accommodations may require health care provider certification:

  • Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee’s work station;
  • Providing for a temporary transfer to a less strenuous or less hazardous position;
  • Providing assistance with manual labor and limits on lifting;
  • Scheduling flexibility for prenatal visits; and
  • Any further pregnancy accommodation or modification an employee may request.

With respect to these accommodations, the University may deny a qualified employee’s request if providing the accommodation would create an undue hardship.

It is not considered reasonable to seek health care provider certification when the:

  • Adjustment or modification that is needed due to the employee’s known limitation is obvious and the employee informs the University of the limitation;
  • University already has sufficient information to determine whether the employee has a known limitation and needs an adjustment or change at work due to the limitation;
  • Employee seeks one of the modifications listed in Section 4;
  • Requested accommodation is available to employees without known limitations and/or without submitting supporting documentation.

6.  Temporary Suspension of an Essential Function

If a qualified employee requests one or more essential functions of the employee’s position to be temporarily suspended, the University will provide the accommodation unless doing so would impose an undue hardship when considered in light of the factors provided in the Pregnant Workers Fairness Act 1636.3(5)(j)(2)(i) through (v) as well as the following additional factors, if relevant:

  • The length of time that the employee will be unable to perform the essential function(s);
  • Whether there is work for the employee to accomplish during the temporary suspension of the essential function(s);
  • The nature of the essential function(s), including its frequency;
  • Whether the University has provided other employees in similar positions who were unable to perform the essential function(s) of their positions with temporary suspensions of the essential function(s);
  • If necessary, whether there are other employees or agency staff who can perform or be hired to perform the essential function(s); and
  • Whether the essential function(s) can be postponed or remain unperformed for any length of time, and if so, for how long.

7.  Accommodation Request and Process

Information about requesting, documenting, and implementing reasonable accommodation(s) can be found in the Accommodation for Pregnancy and Related Conditions Process.

   A.  Accommodation Acceptance or Rejection

A qualified employee or applicant affected by pregnancy, childbirth, or related medical conditions will not be required to accept an accommodation other than any reasonable accommodation arrived at through the interactive process. However, if an employee or applicant rejects a reasonable accommodation that the employee would need to be “qualified,” then that employee or applicant will not be considered qualified.

   B.  Leave as Accommodation

The qualified employee must not be required to take leave, whether paid or unpaid, if another reasonable accommodation can be provided. However, this policy does not prohibit leave as a reasonable accommodation if that is the reasonable accommodation requested or selected by the employee, or if it is the only reasonable accommodation that does not cause an undue hardship.

   C.  Student Employee Accommodation Request

University employees who receive a request for accommodation from a student employee must provide the student employee with the contact information for the Title IX Coordinator and inform the student employee that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the University’s education program or activity.

8.  Lactation Spaces

   A.  Dedicated and Temporary Lactation Spaces

The University maintains dedicated lactation spaces for employees and may also choose to create temporary lactation spaces, when needed, so long as the space meets the lactation space criteria listed in Section 3. If the space is not dedicated for lactation, it must be available when the employee needs to use it for lactation.

   B.  Cold Storage and Cleaning Facilities

The University is committed to providing reasonable access to refrigeration for temporary storage of breast milk and supplies necessary for cleaning pump equipment. Employees are encouraged to consult with their manager or accommodations consultant if reasonable access to cold storage and cleaning facilities are not available at their worksite or nearest lactation space.

   C.  Published Information About Lactation Spaces

UW WorkLife is responsible for publishing information about lactation space locations, amenities, and details related to accessing designated lactation spaces.

   D.  Compliance with Policy

University Building Coordinators or designees are responsible for ensuring designated lactation spaces are compliant with this policy. Building Coordinators or designees are responsible for notifying UW WorkLife of any changes related to lactation space location, amenities, and details related to accessing designated lactation spaces.

9.  Retaliation Is Prohibited

Taking adverse action against a qualified employee in terms, conditions, or privileges of employment or denying the employee equal opportunities based on the need to make reasonable accommodations related to pregnancy, childbirth, and related conditions is prohibited. Retaliation for reporting or participating in a complaint regarding such actions is also prohibited by Executive Order No. 31.

10.  Responsible Office and Additional Information

To request this policy in an alternate format, please contact the Disability Services Office.

11.  History

June 14, 2018; August 6, 2019; October 16, 2024.