[{"id":"b2d2e40c-acad-422c-9773-2c92faac41dc","order":1,"text":"[Company name]","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"0","cflou":false,"active":true},{"id":"bb3ca04e-82c9-4e35-bb83-3680b5316d34","order":2,"text":"[Principal business address]","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"e99b8da9-f555-4b18-b8d3-caba0aefbe71","order":3,"text":"PREGNANCY, CHILDBIRTH, AND LACTATION ACCOMMODATION POLICY","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"dcccbce7-fc3b-416f-96b5-c05835932de8","order":4,"text":"Effective Date: [Effective date]","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"441646ff-b915-413f-8232-86f57d3ab093","order":5,"text":"Policy Owner: [Title of the policy owner]","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"d3b8eb1d-31a4-447e-b9e9-87984ad816ce","order":6,"text":"Version: [Version or reference number]","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"f53727d2-9d97-4c87-8111-d22a5770868d","order":7,"text":"Applies to: all employees and all applicants for employment, at every work location, including employees who work remotely.","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd8c5c92-4fb6-46d1-8c2f-1e90a18e3f6c","order":8,"text":"1. PURPOSE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S01"},{"id":"494310a4-bbbb-4c0a-8a37-b680e142d9d8","order":9,"text":"[Company name] (the \"Company\") is committed to a workplace in which employees affected by pregnancy, childbirth, or related medical conditions are able to work safely, productively, and without having to choose between their health and their job, and in which employees who are nursing are able to express breast milk at work with privacy and dignity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0ed9c922-a07c-41a8-80f7-3be29ec3421f","order":10,"text":"This Policy states how the Company provides reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions; how it provides break time and a private space for employees who need to express breast milk; how a request is made and decided; how medical information is protected; and how the Company protects every person who exercises rights under this Policy against retaliation and coercion.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"49c4527b-edb8-4c19-92d0-f1ab7e12c59a","order":11,"text":"This Policy is intended to comply with, and is to be read consistently with, the Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000gg et seq. (the \"PWFA\"), and its implementing regulation at 29 C.F.R. Part 1636; the break time and space requirements added to the Fair Labor Standards Act (the \"FLSA\") by the Providing Urgent Maternal Protections for Nursing Mothers Act (the \"PUMP Act\"), codified at 29 U.S.C. § 218d; Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k); the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (the \"ADA\"); and every applicable State and local law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7a1d605a-73cc-4e50-a39e-ebee0041256a","order":12,"text":"2. SCOPE AND APPLICATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S02"},{"id":"e65498a7-e185-495e-b69f-1ceffb8dda9b","order":13,"text":"This Policy applies to all employees of the Company, whether classified as full-time, part-time, temporary, seasonal, exempt, or non-exempt, and whatever their length of service. It also applies to applicants for employment and, where relevant, to former employees. No minimum period of service and no minimum number of hours worked is required before an employee may request an accommodation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"36d2ab7c-3a06-46c6-9c92-f07b4d14d76d","order":14,"text":"The Company employs 50 or more employees. It is a covered entity under the PWFA, and the break time and private space requirements of the FLSA apply to the Company without the benefit of the relief that is available to certain employers with fewer than 50 employees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"50 or more employees","type":"add","operator":"="}]},{"id":"f737c3c9-15ff-4fce-8244-4ac88098063d","order":15,"text":"The Company employs at least 15 but fewer than 50 employees. It is a covered entity under the PWFA. The break time and private space requirements of the FLSA also apply to the Company. An employer with fewer than 50 employees is relieved of those requirements only where it can demonstrate that compliance would impose an undue hardship by causing significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of its business. The Company will provide the break time and the space described in this Policy unless that demanding standard is met in a particular case.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"15 to 49 employees","type":"add","operator":"="}]},{"id":"e2dad9ef-57a4-40df-be30-48609d0236c2","order":16,"text":"The Company employs fewer than 15 employees and is therefore not, at present, a covered entity under the PWFA, which applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The Company nevertheless adopts the standards set out in this Policy as a matter of Company practice and will apply them as though it were a covered entity. The break time and private space requirements of the FLSA apply to the Company whatever its size, subject only to the undue hardship relief available to employers with fewer than 50 employees. State and local laws frequently impose accommodation obligations on employers below the federal threshold, and nothing in this Policy limits any right an employee has under those laws.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"Fewer than 15 employees","type":"add","operator":"="}]},{"id":"e2ca10c8-30a7-477c-a602-ff2b039a8ec7","order":17,"text":"Where the Company engages workers through a staffing agency or another third party, and the Company controls the conditions in which those workers perform their work, the Company applies this Policy to them and will coordinate with the agency so that an accommodation is never delayed by a disagreement about which entity is responsible for providing it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b4c432c5-4a4b-4cef-ba05-bdb09372a87f","order":18,"text":"Where a Company policy, an employment agreement, a collective agreement, or an applicable State or local law provides an employee with a greater right or benefit than this Policy, that greater right or benefit applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d4f0f7b2-402f-4e7e-b4d2-a76d447ee273","order":19,"text":"This Policy takes effect on the Effective Date stated above and supersedes any earlier Company policy, practice, or communication on the same subject.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd7147bd-c384-4be9-a7bb-a5880133aeaa","order":20,"text":"3. DEFINITIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S03"},{"id":"70c0363a-ba2d-41c2-8c18-ece154e83702","order":21,"text":"The following terms have the meanings given below wherever they appear in this Policy, whether they are used in the singular or the plural and whether or not they are capitalized.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"42f71d24-ca7d-44fc-89e7-dfd293c79a42","order":22,"text":"\"Pregnancy, Childbirth, or Related Medical Conditions\" includes current pregnancy, past pregnancy, potential or intended pregnancy (including infertility, fertility treatment, and the use of contraception), labor, and childbirth by any method, together with medical conditions relating to pregnancy or childbirth. Lactation, and conditions related to lactation such as low milk supply, engorgement, plugged ducts, and mastitis, are related medical conditions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"7196231f-4467-48ad-bc55-0ed9ad00424d","order":23,"text":"\"Known Limitation\" means a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee, or the employee's representative, has communicated to the Company. The condition may be modest, minor, or episodic, and it does not need to meet the definition of a disability under the ADA. It includes a need or a problem related to maintaining the employee's health or the health of the pregnancy, and it includes seeking health care for pregnancy, childbirth, or a related medical condition.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"128652a6-3f56-4e70-a696-9b3e86068a11","order":24,"text":"\"Essential Functions\" means the fundamental duties of the position the employee holds or seeks. Marginal duties are not essential functions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"0f8c0a0d-38ae-41c0-8393-b803c759a4d6","order":25,"text":"\"Qualified Employee\" means an employee or applicant who can perform the essential functions of the position, with or without a reasonable accommodation. An employee is also a Qualified Employee where the inability to perform one or more essential functions is temporary, the function or functions could be performed in the near future, and the inability can be reasonably accommodated, including by temporarily suspending the function or functions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"d4e817d7-cc34-4661-a6fd-6df304ceb838","order":26,"text":"\"Reasonable Accommodation\" means a change or adjustment to the job application process, to the work environment, or to the manner or circumstances in which a position is customarily performed, that enables a Qualified Employee with a Known Limitation to perform the essential functions of the position or to enjoy benefits and privileges of employment equal to those enjoyed by other similarly situated employees. It includes the temporary suspension of one or more essential functions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"719f978d-998c-462e-923b-2376c9e9fe78","order":27,"text":"\"Undue Hardship\" means significant difficulty or expense for the Company, assessed on the facts of the individual case, taking into account the nature and net cost of the accommodation, the financial resources of the facility concerned and of the Company as a whole, the type of operation, and the effect of the accommodation on the operation of the facility and on other employees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"9c8720cb-417b-49d3-b138-c4d5299f5398","order":28,"text":"\"Interactive Process\" means the informal, prompt, and good-faith discussion between the employee and the Company that identifies the Known Limitation, the change or adjustment needed at work, and the accommodations that may meet that need. No rigid sequence of steps is required.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"4b4203c6-71cd-4b89-9275-c250b2adf0dd","order":29,"text":"\"Accommodation Coordinator\" means the person named in this Policy who receives and administers requests for accommodation on behalf of the Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b3cb92c5-d95b-455a-9617-41726141e866","order":30,"text":"\"Lactation Break\" means break time taken by an employee to express breast milk for a nursing child.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"29b5b97e-26b6-4229-9d11-0901ff0defdf","order":31,"text":"\"Lactation Space\" means the place, other than a bathroom, that the Company provides for the expression of breast milk, shielded from view and free from intrusion by coworkers and by the public.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e50cde6c-2ddf-4697-a356-d62f257554bc","order":32,"text":"4. POLICY STATEMENT AND PROHIBITED PRACTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S04"},{"id":"bc91ee12-5563-4814-a56a-93f74e8fbf30","order":33,"text":"The Company will make reasonable accommodations to the Known Limitations of a Qualified Employee unless the Company can demonstrate that the accommodation would impose an Undue Hardship on the operation of its business. It is the Company's policy to grant accommodations promptly and, wherever possible, informally.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fec07738-40e5-4279-be89-86eda905a37d","order":34,"text":"Neither the Company nor any manager, supervisor, or other representative of the Company is permitted to:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e855b091-81a0-4cef-8af6-e73c9821f5e0","order":35,"text":"— refuse a reasonable accommodation to a Qualified Employee with a Known Limitation, or delay one unnecessarily, where the accommodation would not impose an Undue Hardship;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"dba165aa-a917-4ffe-833e-209e3c8d6538","order":36,"text":"— require an employee to accept an accommodation other than one arrived at through the Interactive Process;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"0bb57778-f11a-4f48-8744-c42cf0c6b99e","order":37,"text":"— deny an employment opportunity to a Qualified Employee because of the need, or the possible future need, to provide a reasonable accommodation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"92f27dea-fae4-4aa1-83d8-792a4b6a68d4","order":38,"text":"— require an employee to take leave, paid or unpaid, where another reasonable accommodation would allow the employee to keep working without Undue Hardship;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"8af8b31e-8368-4b31-9f33-43a74da6c21a","order":39,"text":"— take any adverse action in the terms, conditions, or privileges of employment against an employee because the employee has requested or used a reasonable accommodation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"70dcee32-3ae7-4062-9ad8-d58aa7303325","order":40,"text":"— make an employment decision on the basis of an assumption about what an employee who is pregnant, or who may become pregnant, can or cannot do, rather than on the employee's actual capabilities; or","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"7aa07a7c-8dfe-4cf1-82c5-62c5fa526fda","order":41,"text":"— retaliate against, coerce, intimidate, threaten, harass, or interfere with any person who exercises a right under this Policy or who assists or encourages another person to do so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"af3265f3-41bc-4087-976a-1710c98816b1","order":42,"text":"Any of the practices listed above is a serious breach of Company policy and will be treated as a disciplinary matter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"c395f15f-893b-4abe-99f0-2e562228fc17","order":43,"text":"5. LIMITATIONS COVERED BY THIS POLICY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S05"},{"id":"e5e11203-cfa4-441c-9841-ea6035e2ce8e","order":44,"text":"An accommodation may be requested for any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition. The condition does not have to be severe, does not have to be permanent, and does not have to be a disability. The following examples are illustrative only and the list is not exhaustive:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2df4746e-f808-4517-9809-c34bf9cc528b","order":45,"text":"— nausea, vomiting, hyperemesis gravidarum, dehydration, or increased nutritional needs;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"49bb883a-f5ac-42a7-b080-9bd9ee6f0eec","order":46,"text":"— fatigue, difficulty sleeping, loss of balance, dizziness, or changes in vision;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"ce7beb6b-1047-428e-a4b1-7e8f4ba59505","order":47,"text":"— back pain, sciatica, pelvic pain, carpal tunnel syndrome, swelling of the legs, ankles, feet, or fingers, or varicose veins;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"9f306a26-f53f-433a-a621-f2b44a848247","order":48,"text":"— gestational diabetes, high blood pressure, preeclampsia, anemia, or another condition requiring monitoring or treatment;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"ea4020fc-0f80-450f-a940-6e1534ec944b","order":49,"text":"— frequent urination, incontinence, or the need for additional restroom breaks;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"056cc200-f523-4600-8e01-27cd2320a5c0","order":50,"text":"— recovery from childbirth, including recovery from a cesarean delivery, or recovery from miscarriage or stillbirth;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"11b08ee2-7cd3-49a4-beda-40834307d021","order":51,"text":"— antenatal or postpartum anxiety, depression, or another mental health condition;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c72e5ce4-54da-43a6-ae28-3491e7521a6a","order":52,"text":"— lactation and conditions related to lactation, and the need to express breast milk or to nurse during working hours;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"f78ad68f-c1a6-42d5-b0e6-5c16cfd23e22","order":53,"text":"— attendance at prenatal, postpartum, fertility, or other health care appointments related to pregnancy, childbirth, or a related medical condition; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2e265af2-a570-40f6-b61b-7429fe25d44d","order":54,"text":"— the need to protect the employee's health, or the health of the pregnancy, from a risk present in the work environment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"ee43ef75-b034-401e-b4be-312b5e3a527d","order":55,"text":"A limitation that falls outside this Policy may nevertheless be a disability under the ADA or may be covered by State or local law. An employee does not have to identify the law under which an accommodation is sought, and the Company will consider every request under each law that may apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"fd02f6da-a711-4c90-928f-ca7e03b9c9fa","order":56,"text":"6. EXAMPLES OF REASONABLE ACCOMMODATIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S06"},{"id":"1b901fd4-2871-4cff-9264-568750d1c988","order":57,"text":"Accommodations are decided case by case, on the facts of the individual request. The following are examples of accommodations the Company will consider:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66aa80df-fbd9-4b7f-b0f1-850c52e45610","order":58,"text":"— carrying and drinking water at the work station, and taking breaks to eat, drink, or rest;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"65a4fe6c-5bf3-4dff-99e2-2864201b1bb9","order":59,"text":"— additional or longer restroom breaks;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"4263a162-19fa-45bf-a774-473fa5a3025c","order":60,"text":"— a stool or seat for work normally performed standing, or permission to stand during work normally performed seated;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"0dfdcd35-6b4f-4dff-bad8-a31c20168293","order":61,"text":"— limits on lifting, carrying, pushing, or pulling, or equipment that assists with lifting or carrying;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"f27fd48f-fc55-4d08-9a1b-ed995c924363","order":62,"text":"— a modified or part-time schedule, a change in start or finish times, or relief from overtime, night work, or travel;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"cee8167d-7dee-43e2-8473-5316ca96386d","order":63,"text":"— telework, remote work, or a change of work site;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"955c4d8e-985f-435f-930c-1d9f93ebac82","order":64,"text":"— temporary transfer, light duty, modified duty, or reassignment to a vacant position for which the employee is qualified;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"7f6f90f3-eaf9-44f6-b833-fa992ccefc43","order":65,"text":"— the temporary suspension of one or more essential functions of the position;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"9dba53c4-7a85-4b03-bf1e-4f005fb41c2a","order":66,"text":"— modification of uniforms, protective equipment, dress codes, or safety policies;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"10aae11f-33fb-496a-8ed3-336fb6f48dae","order":67,"text":"— a reserved parking space, where the employee is otherwise entitled to use parking provided by the Company;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"ab571938-b2c8-4a99-807a-7ea628d603de","order":68,"text":"— adjustment of attendance policies, or of policies on the use of leave, so that the employee is not penalized for an absence related to a Known Limitation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"f6b8d627-756e-493c-9287-5cc8209eedc7","order":69,"text":"— avoidance of an identified hazard, including chemical exposure, extreme temperature, heavy vibration, or secondhand smoke;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"96752a7d-886e-4755-9499-5e902af0932e","order":70,"text":"— break time and a private space for the expression of breast milk, and other modifications related to lactation; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"d6ec52f8-8d12-4262-b57b-2b7bce198c3a","order":71,"text":"— time off, paid or unpaid, for health care appointments, treatment, or recovery.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"94dcea5a-a185-4521-9f35-a86a7ccd0c91","order":72,"text":"An accommodation must be effective. Where the Company offers an accommodation that does not in practice remove the barrier the employee has identified, the Interactive Process continues until an effective accommodation is found or Undue Hardship is established.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"20a4ba17-3074-48f7-9676-63abc18126e4","order":73,"text":"7. HOW TO REQUEST AN ACCOMMODATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S07"},{"id":"b70a68d2-6423-4109-98f4-e47ff1e967d8","order":74,"text":"An employee, an applicant, or a representative of either (including a family member, a friend, a union representative, or a health care provider) may request an accommodation by contacting [Name of the accommodation coordinator], [Title], at [Email address] or [Telephone number] (the \"Accommodation Coordinator\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b20fe719-3974-4738-9721-500bf682a5e0","order":75,"text":"A request may equally be made to the employee's supervisor or manager, to any person who regularly directs the employee's work, or to any member of the Human Resources function. A request made to any of those persons is a valid request and will be passed to the Accommodation Coordinator without delay. An employee will never be made to wait for an accommodation because the request was addressed to the wrong person.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"58f081e4-d0f0-45b9-9a02-fab4ab588f56","order":76,"text":"No particular words and no particular format are required. A request may be made orally or in writing. The employee does not have to use the words \"accommodation\", \"limitation\", or \"disability\", does not have to name a medical condition or use medical terminology, does not have to mention the PWFA or this Policy, and does not have to complete a form. It is enough that the employee communicates that a change or an adjustment is needed at work because of pregnancy, childbirth, or a related medical condition.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f5fa6d5e-b16c-4506-aa4d-72dee11d696e","order":77,"text":"The Company may ask an employee to confirm a request in writing for record-keeping purposes and may make a short form available for that purpose. The Company will not refuse, close, or delay a request because the employee has not used the form or has not confirmed the request in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3240b436-6a5d-463e-b42c-ae67ba3f16aa","order":78,"text":"An employee is not required to disclose a pregnancy to the Company and may choose when to do so. A request for accommodation is not a resignation, is not a statement that the employee intends to leave, and will never be treated as either.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"11b32868-2cbb-4a7f-9bc7-707f21fc20b4","order":79,"text":"An employee may ask that the fact of the accommodation not be shared with colleagues, and the Company will respect that request so far as putting the accommodation into effect allows.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4d448464-8c59-4a35-93c2-742101c46b98","order":80,"text":"8. APPLICANTS AND THE HIRING PROCESS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S08"},{"id":"80e49d37-7ed4-432d-8634-b70aa66842c7","order":81,"text":"An applicant has the same right to a reasonable accommodation as an employee, in the application and selection process and, once hired, from the first day of employment. No waiting period, probationary period, or minimum length of service applies. An applicant may request an accommodation at any stage by contacting the Accommodation Coordinator or the person conducting the recruitment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cab8831f-1fc8-429c-ac94-8d52a941db9b","order":82,"text":"Accommodations in the selection process include, but are not limited to, a change to the time, the place, or the format of an interview, remote participation, additional or longer breaks during a test or an assessment, a seat, permission to bring and drink water, permission to take a break to express breast milk, and the adjustment of a physical or timed exercise that is not itself an essential function of the position.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a993e753-7acf-48f0-98ba-c7ce532ca129","order":83,"text":"The Company will not ask an applicant whether the applicant is pregnant, intends to become pregnant, is nursing, or has or plans to have children, and will not ask about family or childcare arrangements. The Company will not make a medical inquiry or require a medical examination before a conditional offer of employment. Any inquiry made after a conditional offer will be made of every applicant for the same position and will be kept confidential in the same way as employee medical information.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"229b21a3-aaa9-4247-86ff-56d174e59b5e","order":84,"text":"The Company will not withdraw an offer, postpone a start date, alter the terms offered, or decline to hire an applicant because the applicant is pregnant, has recently given birth, is nursing, or may need a reasonable accommodation. The need for an accommodation is never a reason to treat an applicant as unqualified.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1424d425-8dd2-45d1-af1b-3abb30f60d1c","order":85,"text":"A person who is not hired, and who believes that this Policy was not followed, may use the complaint procedure set out in this Policy in the same way as an employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0cd4de2b-6cc8-4afa-b133-f5fc67fa71de","order":86,"text":"9. SIMPLE ACCOMMODATIONS GRANTED WITHOUT DELAY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S09"},{"id":"91e2d3f3-ca86-45f6-8168-0ac5536f1eba","order":87,"text":"Where an employee who is pregnant asks for any of the following, the Company will grant the request promptly, without requiring supporting documentation and without requiring the employee to wait for a formal process to be completed:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6be87b89-c86b-4d4b-8d6e-ca188f055005","order":88,"text":"— carrying or keeping water near the work station and drinking as needed;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2fce16c6-d806-4f63-82ec-9fa791e5ebc4","order":89,"text":"— taking additional restroom breaks as needed;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"7dc6c755-facc-4497-82f9-963b621eb457","order":90,"text":"— sitting where the work is normally performed standing, or standing where the work is normally performed seated, as needed; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"b09fadef-c9da-480f-9a05-e8bb563a2d0b","order":91,"text":"— taking breaks to eat and drink as needed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"30f16c67-de47-4945-b0a3-9633b6185de9","order":92,"text":"These four modifications will in virtually every case be reasonable accommodations that do not impose an Undue Hardship. A simple statement from the employee confirming the condition and the change needed at work is sufficient. Delay in providing them will be treated by the Company as a failure to accommodate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"5214fe9e-ca77-4e4c-a5ba-b29f1e1196ec","order":93,"text":"The Company applies the same approach to a request for break time, for a private space, or for another modification related to expressing breast milk or to nursing during working hours, for which supporting documentation will not be requested.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd6313b1-7d07-40e9-8b82-237f6394dd3b","order":94,"text":"10. THE INTERACTIVE PROCESS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S10"},{"id":"a2b3518f-67fd-4c0d-a3b8-7d13f6179a09","order":95,"text":"On receiving a request, the Accommodation Coordinator will acknowledge it within [Number] business days and will begin the Interactive Process with the employee. The purpose of the Interactive Process is to identify the Known Limitation, the change or adjustment needed at work, and one or more accommodations that will meet that need.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"81928482-257e-4a7b-9453-42ea64c56582","order":96,"text":"The Company will aim to decide the request within [Number] business days of receiving it or, where supporting documentation has properly been requested, of receiving that documentation. Where a decision cannot be made within that period, the Company will tell the employee why and when a decision is expected, and will put an interim accommodation in place wherever an effective interim accommodation that allows the employee to keep working is available.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1ae64536-b9a8-45ad-b557-bc08ac132e93","order":97,"text":"Leave will not be used as an interim accommodation unless the employee requests it or selects it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cfdb3df9-41ee-414d-b33b-cc7efa139e37","order":98,"text":"Unnecessary delay in providing an accommodation may itself amount to a denial of the accommodation, even where the accommodation is eventually provided. Managers must therefore act on a request immediately and must not hold it over until a scheduled meeting, a performance review, or the return of an absent colleague.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4d794442-87c6-4a11-bd60-4d91c5350672","order":99,"text":"The Interactive Process is a discussion, not a negotiation in which the Company dictates the outcome. The employee may propose an accommodation, may ask for a different one, and may be assisted by a representative of the employee's choosing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b6e3a5e6-7580-4e2b-afdd-a804c30c0ca2","order":100,"text":"11. SUPPORTING DOCUMENTATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S11"},{"id":"62d4504c-8a6c-4eff-866c-75cff0f351c9","order":101,"text":"The Company will ask for supporting documentation only where it is reasonable in the circumstances to do so in order to determine whether the employee has a Known Limitation and needs a change or an adjustment at work because of it. The Company is never obliged to ask for documentation and will not do so as a matter of routine.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f9288d9b-fc58-4cbd-bc76-f320aa3e0a0b","order":102,"text":"The Company will not ask for supporting documentation where:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"211afaa2-81d3-4217-87ae-f7f9942fdf0b","order":103,"text":"— the limitation and the adjustment needed are obvious and the employee confirms them;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"29c8881b-59e3-4e45-a7ca-c73750e80c76","order":104,"text":"— the Company already has enough information to decide the request;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"3fde6501-a97d-44e0-b096-35fd7e0dbfc8","order":105,"text":"— the employee is pregnant and asks for water, additional restroom breaks, the ability to sit or to stand, or breaks to eat and drink;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c282684b-4e4c-4ad2-946f-fa9c003b3d2e","order":106,"text":"— the request concerns the time or the place to express breast milk, another modification related to expressing breast milk, or time to nurse during working hours; or","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"5e1b146f-8c44-4f51-b677-1d1409e0054d","order":107,"text":"— the same adjustment is available to other employees under Company policy without documentation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"db918278-7a4d-42b2-9db0-5b292b23e61e","order":108,"text":"Where documentation is properly requested, the Company will ask only for the minimum needed to confirm the physical or mental condition, to confirm that it is related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition, and to describe the adjustment needed at work. The Company will not ask for a diagnosis, for a medical history, or for records unrelated to the request.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"ed8d0f39-fea0-439a-ae7b-f4d818b4fdbd","order":109,"text":"Documentation may come from any health care provider, including a physician, a midwife, a nurse, a nurse practitioner, a physician assistant, a physical or occupational therapist, a lactation consultant, a doula, a psychologist, a psychiatrist, or a licensed mental health professional, and including a telehealth provider. The provider does not have to be the one treating the condition. The Company will not require the employee to be examined by a provider of the Company's choosing, will not require a specific form, and will allow the employee a reasonable time to obtain the documentation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a05e889d-604e-46d5-a088-c968f3ca8514","order":110,"text":"A request will not be refused, and an accommodation will not be delayed, on the ground that the employee has not produced documentation, unless the Company actually asked for it, was entitled to ask for it, limited its request to reasonable documentation, and gave the employee sufficient time to obtain it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"28ec7f8d-4e27-4888-8ae8-e4c5a39c6599","order":111,"text":"12. DETERMINATION OF REQUESTS AND UNDUE HARDSHIP","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S12"},{"id":"8dd28c01-1112-4131-976f-7237380985bf","order":112,"text":"The Company will confirm its decision on a request in writing. Where a request is granted, the confirmation will describe the accommodation, the date on which it takes effect, and any period for which it applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc171353-fdb4-4952-8b61-aaab45119868","order":113,"text":"Where a request falls among the simple accommodations that this Policy requires to be granted without delay, the accommodation is provided immediately and no written decision is required before it takes effect. The Company records the accommodation afterwards, and the absence of a written confirmation never affects the employee's right to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"00615bcd-c744-468f-b6bf-c4acc1ed442e","order":114,"text":"Where more than one accommodation would be effective, the Company will choose one that gives the employee the same opportunity to perform, and the same benefits and privileges of employment, as a similarly situated employee without a Known Limitation, and will take the employee's preference into account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fbbbea33-bf56-4b8d-84cb-a2093a9f3c00","order":115,"text":"A request will be refused only where the Company determines, after the Interactive Process, that no effective accommodation is available without Undue Hardship. The Company bears the burden of demonstrating Undue Hardship, and cost alone is assessed against the resources of the Company as a whole. Where a request is refused, the written decision will state the reasons, will identify any alternative accommodation the Company is able to provide, and will explain how the employee may seek a review.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2ebc6a71-743c-4cc3-ae2b-a16e0e53a867","order":116,"text":"An employee is not required to accept an accommodation. An employee who wishes to seek a review of a decision may say so in writing to the Accommodation Coordinator, and the Company will arrange for the decision to be reviewed by a member of management who was not responsible for making it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e0ace0cf-b582-42dd-8d51-2c3139e4e4d0","order":117,"text":"Where an employee is temporarily unable to perform one or more essential functions, the Company will consider, in addition to the general factors, the length of the period concerned, the nature and the frequency of the function, whether other work is available, whether the function can be postponed or left unperformed, whether other employees or temporary staff can perform it, and how the Company has treated employees in comparable positions. Where the employee is pregnant, it is presumed that the essential functions could be performed in the near future, generally within 40 weeks.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4c25d2ae-eaaf-427a-a92b-614c0cf9d546","order":118,"text":"Where the Company operates a light duty or modified duty program, access to that program is not reserved to employees whose limitations arise from a work-related injury. An employee with a Known Limitation who needs the same adjustment will be considered for the program on the same terms, and the Company will not refuse an accommodation on the ground that comparable relief is given only to employees injured at work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"823291e7-5ccb-445f-a14e-0f45f92d20b4","order":119,"text":"The fact that an accommodation has been granted to one employee does not create an entitlement for another, and the fact that an accommodation has been refused in one case does not prevent the Company from granting it in another. Each request is assessed on its own facts, at the time the decision is made, and not on speculation about what the employee may need in the future.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"02f19ff1-1a35-41dc-8d3c-dca9b8e1f9e8","order":120,"text":"13. HEALTH, SAFETY, AND NO PROTECTIVE EXCLUSION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S13"},{"id":"14b1612f-c613-4918-85d4-6aae6b251b1c","order":121,"text":"The decision whether to continue performing a particular task during pregnancy, or while nursing, belongs to the employee and the employee's health care provider. It does not belong to the Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d0c7e651-381e-413c-8d9b-5f8075f8c06f","order":122,"text":"The Company will not remove an employee from a position, a shift, a task, an assignment, or a training opportunity, and will not place an employee on leave, out of concern for the employee's health or for the health of the pregnancy, unless the employee has asked for the change or unless an individualized assessment based on current medical evidence shows a significant risk of substantial harm that cannot be eliminated or reduced by a reasonable accommodation. A general belief about what is safe for a person who is pregnant is never a sufficient basis for such a decision.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"159350ba-46c2-41b3-b262-596ee8bedff3","order":123,"text":"Where an employee identifies a hazard in the work environment, the Company will assess the exposure and take reasonable steps to remove or reduce it, which may include substituting a material, improving ventilation, adjusting duties or the pace of work, changing the work area, or providing suitable personal protective equipment. Protective equipment or a uniform that no longer fits, or that is unsuitable during pregnancy or while nursing, will be replaced at the Company's expense.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ee73ff7d-79f6-4513-badf-cf21230b2225","order":124,"text":"A request to avoid a hazard is treated as a request for accommodation under this Policy. The employee is not required to disclose a diagnosis in order to make it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"23bfeacd-f383-4cd5-8421-4fb16259d3cf","order":125,"text":"14. LEAVE AS A REASONABLE ACCOMMODATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S14"},{"id":"c39d1b63-bdd2-4f12-a8c3-2e056f805874","order":126,"text":"Leave may be a reasonable accommodation. It includes leave during pregnancy, leave to recover from childbirth, from miscarriage, from stillbirth, or from another related medical condition, and leave to attend health care appointments or to receive treatment. Leave may be continuous, intermittent, or taken as a reduced schedule.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7c9cfba4-e31b-4391-89f1-117862c30708","order":127,"text":"The Company will not require an employee to take leave, paid or unpaid, where another reasonable accommodation would allow the employee to continue working and would not impose an Undue Hardship. Leave will be used only where the employee requests or selects it, or where it is the only reasonable accommodation available without Undue Hardship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f101ac9e-4faf-45f8-88de-8b88482d33a2","order":128,"text":"Where the Company allows employees taking leave for reasons unrelated to pregnancy to choose between paid and unpaid leave, an employee taking leave under this Policy has the same choice. Where leave taken under this Policy also qualifies as leave under the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq., or under another Company or statutory entitlement, the Company may designate it as running concurrently to the extent permitted by law. Nothing in this Policy reduces a leave entitlement an employee has under Company policy or under any applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"95d7ea49-f23d-436d-b135-0fbe99877c8f","order":129,"text":"An employee returning from leave taken under this Policy will be returned to the same position or, where the same position is no longer available, to an equivalent position with equivalent pay, benefits, and terms of employment, to the extent required by applicable law and Company policy. The employee may request a further accommodation on return, and a fresh assessment will be made at that time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7551d4d9-4c19-4e17-b4ec-55043ca66a2e","order":130,"text":"15. RETURN TO WORK AND FITNESS FOR DUTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S15"},{"id":"623ca96f-f02b-4888-be47-d951a7e73eff","order":131,"text":"The Company will not require an employee to be fully recovered, or to be free of every restriction, as a condition of returning to work. A requirement that an employee produce a release to full duty without restriction is inconsistent with this Policy and with applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"31457824-7a85-4691-973d-536919665e01","order":132,"text":"Where the Company asks for a certification that the employee is able to return, the request is limited to the employee's ability to perform the functions of the position and to any restriction for which an accommodation may be needed. The Company will not require a diagnosis, will not require the employee to be examined by a provider of the Company's choosing, and will not require a certification that it does not require of other employees returning from a comparable absence.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"00415ba5-9b76-4184-a6d8-6aeabdc3e463","order":133,"text":"A phased or gradual return, a temporary reduction in hours, a temporary change of duties, or a temporary adjustment of targets will be considered as a reasonable accommodation. An employee who is able to return to work with a reasonable accommodation will not be kept on leave.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a7f970a1-5f5b-42c9-9e54-ce384bb19e59","order":134,"text":"An employee who is nursing on return to work is entitled to break time and a private space from the first day back. No waiting period, no advance notice, and no further approval applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"71b98aa6-c006-45f0-95f9-1a267e1b2b7a","order":135,"text":"16. ATTENDANCE, PERFORMANCE, PAY, AND BENEFITS DURING AN ACCOMMODATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S16"},{"id":"5990d640-75e4-4ac2-b810-4a616ea60b90","order":136,"text":"An absence, a lateness, or a break taken in accordance with an accommodation granted under this Policy will not be recorded as an occurrence, a point, or an infraction under any attendance policy, and will not count toward any threshold for discipline, for the loss of a bonus or an incentive, or for termination of employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0d971ce2-94c1-44b5-80a8-3a308e9ce31f","order":137,"text":"The temporary suspension of an essential function, or a reduction in output that results from an accommodation, will not be held against the employee in a performance review, a rating, or a decision about promotion, assignment, scheduling, or bonus. A performance objective that has become unattainable because of an accommodation will be adjusted for the period concerned.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2750caff-3d6f-4814-9b0d-e7102f746d16","order":138,"text":"Where an employee is temporarily transferred, placed on light duty, or assigned modified duties as a reasonable accommodation, the employee is paid at the employee's regular rate of pay. Seniority, length of service, and the accrual of benefits continue as if the employee had remained in the original position, and the employee returns to that position when the accommodation ends.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f34c50a5-345f-4d8f-80b9-62d8ff4483a7","order":139,"text":"During leave taken as a reasonable accommodation, coverage under the Company's group health plan is maintained on the same terms as if the employee had continued to work, and the employee remains responsible for the employee's usual share of the premium. The Company will explain how and when that share is to be paid before the leave begins.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"41009349-589c-469e-91b0-5f8ead907326","order":140,"text":"An accommodation is not a disciplinary measure. It will not be recorded in the employee's disciplinary record and will not be referred to as a concession or a favor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b32e661d-1a2d-469b-a8fe-b0c8af1bd02d","order":141,"text":"17. BREAK TIME FOR LACTATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S17"},{"id":"bf9a14c3-c539-4b90-9a9d-f2323b13a09c","order":142,"text":"An employee who is nursing is entitled to reasonable break time to express breast milk each time the employee needs to do so, for one year after the birth of the child. This entitlement applies to all employees, including exempt employees, employees paid on a salary basis, part-time employees, and employees who work remotely.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b0e58a9c-7532-4ffc-8ffd-718993c14031","order":143,"text":"The frequency and the length of Lactation Breaks vary from one employee to another and over time. They depend on the needs of the employee and of the child, the distance to the Lactation Space, and the time reasonably needed to set up, express milk, store the milk, and clean the equipment. The Company will not impose a fixed schedule that prevents an employee from taking a break each time one is needed, and will not require an employee to make up the time taken.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"77f7c5da-b7cb-4516-ac43-de043deb6bc7","order":144,"text":"Where a meeting, a shift, a customer, or another commitment falls at the time a break is needed, the need to express breast milk takes priority and the Company will make appropriate arrangements. A manager may not deny, shorten, or postpone a Lactation Break because of workload or scheduling.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ce167a47-3233-4b77-b435-510edd38961d","order":145,"text":"The period of one year is a minimum. The Company will continue to provide break time and a private space beyond one year where an employee needs them and where doing so does not impose an Undue Hardship, and will do so in every case where State or local law requires a longer period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6eb5f586-9417-4480-8d3c-0234bc188cfa","order":146,"text":"An employee who expects to need Lactation Breaks on returning to work is encouraged, but is never required, to tell the Accommodation Coordinator in advance, so that the space and any equipment can be ready on the first day back. Failure to give advance notice never affects the entitlement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5b053370-34ca-4847-b2d5-6fc4d53a6405","order":147,"text":"An employee who needs time to nurse a child during working hours, where the child is present at or near the workplace, may request that time as a reasonable accommodation under this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1b391f7b-62a7-41fe-be70-0c895ac8452f","order":148,"text":"18. PRIVATE SPACE FOR LACTATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S18"},{"id":"48ec5095-8e47-47c2-8a0b-2d264f5324a6","order":149,"text":"The Company provides a place for the expression of breast milk that is not a bathroom, that is shielded from view, and that is free from intrusion by coworkers and by the public. A bathroom is never an acceptable place for this purpose, even where it is private and even where the employee offers to use one.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0591254f-f7e2-4c57-92ac-4ae5f69503ad","order":150,"text":"For this purpose the Company provides a dedicated lactation room. Designated location or locations: [Room, floor, and building]. The Company will inform employees of any change to the designated location or locations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d323401d-4c5d-4fd9-8c04-7a626d4eb318","order":151,"text":"The Lactation Space is functional for its purpose. It includes a seat, a flat surface other than the floor on which to place a breast pump, and access to electrical power. It can be secured from the inside or is otherwise clearly marked as occupied while in use, and it is cleaned regularly. It is within a reasonable distance of the employee's normal work area and within a reasonable distance of a sink with running water.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"39976e52-bd66-4235-917e-a908854b2682","order":152,"text":"Access to the Lactation Space does not require advance booking; an employee may use it whenever it is needed. Where the space is used by more than one employee, the Company will coordinate its use so that no employee is prevented from taking a break when one is needed, and will make an additional space available where that is necessary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a84bafc2-5b24-43de-b5e0-b08f90c79b0a","order":153,"text":"Expressed milk may be stored in a refrigerator that the Company makes available for that purpose. Milk stored at the workplace remains the property of the employee. The Company will not require an employee to store expressed milk in a place that is not clean or not secure.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"44c434fb-53a7-4fcd-bbba-e0481772ad90","order":154,"text":"An employee who works remotely has the same entitlement to break time. During a Lactation Break the employee must be free from observation by any camera or system provided or required by the Company, including computer cameras, security cameras, and web conferencing platforms. A manager may not require an employee to remain connected to a video call during a Lactation Break.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8fae2682-340d-4196-871e-e7e0502fec57","order":155,"text":"An employee whose work is performed away from Company premises, at a client site, or in a vehicle should contact the Accommodation Coordinator so that suitable arrangements can be made in advance. A space that is created temporarily or made available when needed satisfies this Policy provided that it is not a bathroom, that it is shielded from view, and that it is free from intrusion.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f1e685e5-230b-4a64-88d4-6607e153ce11","order":156,"text":"19. COMPENSATION FOR LACTATION BREAKS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S19"},{"id":"940b7e16-f2ab-4854-8a9b-83fb2c731606","order":157,"text":"Lactation Breaks taken under this Policy are paid at the employee's regular rate of pay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9fca1b45-4189-4843-8bca-053f09f05fc3","order":158,"text":"The Company has chosen to pay for this time. An employee is not required to use accrued paid leave, to make up the time, or to clock out in order to take a Lactation Break.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74178366-d226-44a5-9692-bd5abe28bd33","value":"are paid at the employee's regular rate of pay","type":"add","operator":"="}]},{"id":"7c62de20-6d64-41df-b7da-3a6372266e83","order":159,"text":"An employee who takes an unpaid Lactation Break must be completely relieved from duty for the whole of the break. Where the employee is not completely relieved from duty for the whole of the break, the time is hours worked and will be paid. An employee may choose, but will never be required, to use accrued paid break time or other paid leave for a Lactation Break.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74178366-d226-44a5-9692-bd5abe28bd33","value":"are unpaid, except where this Policy or applicable law requires otherwise","type":"add","operator":"="}]},{"id":"f69eaa25-8890-421f-9b26-de97a0f8013d","order":160,"text":"Where the Company provides paid rest breaks to employees generally, an employee who uses such a break to express breast milk is paid for it in the same way as any other employee, and that break is not converted into unpaid time because of the use made of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74178366-d226-44a5-9692-bd5abe28bd33","value":"are unpaid, except where this Policy or applicable law requires otherwise","type":"add","operator":"="}]},{"id":"a50e99a7-266a-47ec-98a4-332dc6aaf833","order":161,"text":"Time spent expressing breast milk while also performing work is hours worked, is paid, and counts toward hours worked for overtime purposes.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ada4c492-afaf-4d92-9939-8ea36dcd5e7a","order":162,"text":"The Company will not reduce an employee's pay, benefits, seniority, shift assignment, or performance rating because of time taken under this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b4f32381-020f-418d-b426-f3011688ec52","order":163,"text":"20. DURATION, REVIEW, AND MODIFICATION OF ACCOMMODATIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S20"},{"id":"397ff33c-4366-4a4b-a757-e877d79a3a7c","order":164,"text":"An accommodation continues for as long as the Known Limitation requires it. The Company will not set an arbitrary end date and will not require an employee to renew a request at fixed intervals.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"eda9f48c-d585-46f0-acaf-731e5e5af0fb","order":165,"text":"The Company and the employee may review an accommodation where the employee's needs change, where the accommodation is no longer effective, or where circumstances in the workplace change. A review is conducted through the Interactive Process. An accommodation will not be withdrawn or altered without first discussing the matter with the employee and considering the alternatives.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bcb17ca3-ba7b-457f-b69d-8d719e5fc20f","order":166,"text":"Needs commonly change during pregnancy, during recovery from childbirth, and on return to work. An employee may request a new or a different accommodation at any time, and a request will not be refused because an earlier request was granted or refused.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1b3dd7ab-157f-4a15-b216-f0fb070bd801","order":167,"text":"21. CONFIDENTIALITY OF MEDICAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S21"},{"id":"a82be5c9-f4e9-4fcb-8583-a8294924cb5a","order":168,"text":"Information about an employee's pregnancy, childbirth, related medical conditions, or request for accommodation is confidential. It is kept in a file separate from the employee's personnel file, and access to it is limited to those who need it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5b99b88b-b29a-4faf-9db2-d9f0577766bc","order":169,"text":"The Company will disclose that information only:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc3ed55c-9885-4f4d-b63f-965286c55787","order":170,"text":"— to supervisors and managers, and only to the extent needed to put an accommodation or a work restriction into effect;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"f30039ff-f95b-456a-aa65-e0d2950f3f90","order":171,"text":"— to first aid and safety personnel, where the condition may require emergency treatment;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"b393cd61-c14f-4a80-9876-d125ec47e931","order":172,"text":"— to government officials investigating compliance with this Policy or with applicable law; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2638caa2-b1a2-4b20-a665-bc963b56d6af","order":173,"text":"— where disclosure is otherwise required by law, or where the employee has given written consent.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"0c98f1c4-5f24-4316-b5cb-d01cb19b8616","order":174,"text":"The fact that an employee has requested or received an accommodation will not be disclosed to coworkers. Where an accommodation is visible to others, the Company will not explain the reason for it. Managers must not discuss an employee's pregnancy, medical condition, or accommodation with anyone who does not need to know.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"eb6be80e-d8df-4c0d-8de0-7f8748b748c7","order":175,"text":"The Company will not request genetic information, including information about the manifestation of a disease or disorder in a family member, and will treat any such information it receives as confidential.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5ba71807-2567-4698-a9ba-adb4ec4d1a86","order":176,"text":"22. HARASSMENT BASED ON PREGNANCY, CHILDBIRTH, OR LACTATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S22"},{"id":"268a1706-12c7-4925-8950-c01746f09710","order":177,"text":"Harassment because of pregnancy, childbirth, lactation, or a related medical condition is a form of sex discrimination and is prohibited, whether it comes from a manager, a coworker, a client, a customer, a contractor, a supplier, or a visitor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6caf588c-61b7-4fdc-a394-fbf9b8c1d046","order":178,"text":"Prohibited conduct includes comments about an employee's body, weight, or appearance during or after pregnancy; remarks suggesting that an employee is less committed, less reliable, or less suited to a role because of pregnancy or nursing; jokes or complaints about the time an employee spends expressing breast milk; questions about fertility, family plans, or childcare; unwanted touching of an employee's body; disclosing an employee's pregnancy or medical condition without consent; and interfering with the use of the Lactation Space, including entering it, watching it, timing its use, or discouraging its use.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b2517f5f-8beb-4b23-839f-e5648cc8bb8f","order":179,"text":"Conduct is prohibited whether or not it was intended to offend and whether or not it was directed at a particular employee. A single serious incident may be enough.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"49acd03d-de3e-41e7-922d-655d70bd538a","order":180,"text":"An employee who experiences or witnesses such conduct should report it under the complaint procedure set out in this Policy. Where the conduct comes from a client, a customer, a contractor, or another third party, the Company will act on the report in the same way as on a report about an employee, including by changing assignments, restricting access to the workplace, or ending the relationship where that is necessary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1467739b-3a08-4efe-ab2b-88b19b555326","order":181,"text":"23. NON-RETALIATION AND NON-COERCION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S23"},{"id":"4af5daad-2378-46b1-946b-c99b133929ad","order":182,"text":"The Company prohibits retaliation against any person who requests an accommodation, uses an accommodation, opposes a practice made unlawful by the PWFA or by another law, reports a concern under this Policy, or participates in an investigation, proceeding, or hearing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cdd9633e-e70f-420a-aa41-6f9365768892","order":183,"text":"The Company also prohibits any person from coercing, intimidating, threatening, harassing, or interfering with an individual who exercises or enjoys a right under this Policy, or who aids or encourages another individual to do so. A person is protected whether or not that person is a Qualified Employee with a Known Limitation, and whether or not the conduct actually deterred the person concerned.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2e48e715-094f-465f-877f-09f804082367","order":184,"text":"Retaliation and coercion include, but are not limited to, dismissal, demotion, a reduction in hours or in pay, an unfavorable change of schedule or of work location, exclusion from training or from advancement, an unjustified negative performance rating, a threat relating to immigration status, and pressure on an employee to withdraw a request or to accept an accommodation the employee did not choose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"077fc6c1-0233-4225-9b4e-5c1b1dc755aa","order":185,"text":"A manager or supervisor who retaliates against or coerces an employee will be subject to disciplinary action, up to and including termination of employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"688cc4f9-b9ff-4d2a-86a2-6adf91ccbd20","order":186,"text":"24. COMPLAINT AND REPORTING PROCEDURE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S24"},{"id":"a85220cd-4296-497d-83b4-e81a0defc2d0","order":187,"text":"An employee who believes that this Policy has not been followed, or who believes that they have been subjected to retaliation or coercion, should report the matter to the Accommodation Coordinator or to any member of management. A report may be made orally or in writing. Written reports may be sent to the Accommodation Coordinator at [Email address] or delivered to [Principal business address].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b872cdc-63ac-453e-9735-bed9fbfe9250","order":188,"text":"A report may be made to the Accommodation Coordinator, to any manager, to the Human Resources function, or through any confidential reporting channel the Company makes available. An employee who reports a concern in good faith is protected by this Policy even where the concern is not upheld.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"569bf83e-c0dc-4de0-b77b-a1fcf066418d","order":189,"text":"The Company will investigate promptly and impartially, will keep the matter confidential so far as an effective investigation permits, and will inform the employee of the outcome. Where the investigation shows that this Policy has not been followed, the Company will take corrective action, which may include providing the accommodation, restoring any pay or benefit that was lost, and taking disciplinary action.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4b5df192-434a-41f7-902b-66cf811736c6","order":190,"text":"Nothing in this Policy prevents an employee from contacting a government agency at any time, and an employee is not required to use the internal procedure first.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bef97e53-bc8a-4d19-886c-31b89cdfe59c","order":191,"text":"Charges under the PWFA and under Title VII are filed with the Equal Employment Opportunity Commission, which can be reached at 1-800-669-4000 and at www.eeoc.gov. A charge must generally be filed within 180 days of the act complained of, extended to 300 days where a State or local agency enforces a law prohibiting the same conduct.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"50 or more employees","type":"add","operator":"="},{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"15 to 49 employees","type":"add","operator":"="}]},{"id":"59a8431e-03a1-4e39-82de-92a46e128edc","order":192,"text":"The PWFA and Title VII apply to employers with 15 or more employees, and the Company is presently below that threshold, so a charge under those federal statutes may not be available. Many States and municipalities extend equivalent protections to smaller employers and have their own enforcement agencies. An employee may contact the Equal Employment Opportunity Commission at 1-800-669-4000 and at www.eeoc.gov for guidance on which body has jurisdiction, and may contact the State or local fair employment practices agency directly. A charge filed with a State or local agency is subject to that agency's own time limit, which is often shorter, so an employee should act promptly.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"121d0883-329a-4cb2-8dae-e4192e89b6eb","value":"Fewer than 15 employees","type":"add","operator":"="}]},{"id":"2828448f-dd5f-4fc1-a7ce-c96927c29748","order":193,"text":"Complaints about break time or about the space for expressing breast milk are made to the Wage and Hour Division of the United States Department of Labor, which can be reached at 1-866-487-9243 and at www.dol.gov/agencies/whd. Such claims are generally subject to a two-year limitation period, extended to three years for a willful violation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5ffb8340-c2cb-45e7-bb33-358e374e2169","order":194,"text":"25. RESPONSIBILITIES OF MANAGERS AND SUPERVISORS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S25"},{"id":"193cab45-7e1b-48ca-ba1e-2231b828a3da","order":195,"text":"A manager or supervisor who receives a request, or who becomes aware that an employee may need an adjustment because of pregnancy, childbirth, or a related medical condition, must:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"597964fa-6fab-4e93-9a9a-99b664cd9847","order":196,"text":"— treat the communication as a request for accommodation, whatever words the employee used;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"5cca6967-671c-438c-9e18-0d6394e35b7f","order":197,"text":"— notify the Accommodation Coordinator on the same working day, or as soon as reasonably practicable;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"cb883756-dced-4481-98cd-81da3ce897a1","order":198,"text":"— grant immediately, without waiting for the Accommodation Coordinator, any request for water, for additional restroom breaks, for the ability to sit or to stand, for breaks to eat or drink, or for a Lactation Break;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"1bb7ff00-d3b7-4492-b85e-af3549cc4449","order":199,"text":"— refrain from asking about the employee's medical condition beyond what is necessary, and refrain from asking to see medical records;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"3c262515-7791-42d5-973b-23c206f90d3b","order":200,"text":"— refrain from telling the employee that no accommodation is available, that leave is the only option, or that the employee should reduce hours or resign; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2f96cd74-b013-402e-967d-e71aab970126","order":201,"text":"— keep the matter confidential.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2483c1f8-a84d-4dc5-9a7c-2ddcfdc4887d","order":202,"text":"A manager or supervisor must not make an employment decision on the basis of a belief about what an employee who is pregnant should or should not do, must not exclude an employee from a task or an opportunity out of concern for the pregnancy in the absence of a request from the employee, and must not comment on an employee's pregnancy, appearance, or decision to express breast milk.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"b91d9a88-b93c-495f-9c26-d504e6bd5c28","order":203,"text":"Failure to comply with these obligations is a disciplinary matter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"096aeb67-55e6-45e6-9c50-99557b605a76","order":204,"text":"26. TRAINING, NOTICE, AND RECORDKEEPING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S26"},{"id":"527d1b48-61c5-4c61-ba44-db2bad760fc6","order":205,"text":"The Company will give a copy of this Policy to every employee on hire and will keep it available at all times through the Company's usual channels for policies. The Company will display the notices required by federal, State, and local law relating to pregnancy accommodation and to break time for nursing employees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b6119760-52b3-4491-aacf-f620e8ab37e0","order":206,"text":"The Company will train managers, supervisors, and the Human Resources function on this Policy and on their obligations under it, and will repeat that training whenever the law or this Policy changes.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a80fa655-cead-4fd6-a9dc-e487fce90802","order":207,"text":"The Company will make this Policy available in an accessible format on request and, where a significant part of the workforce does not read English fluently, in the languages needed for the Policy to be understood.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0b238819-1701-436e-8420-05c9c64ffeef","order":208,"text":"The Company will keep a record of each request for accommodation, of the Interactive Process, of the decision and its reasons, and of any review, for the period required by applicable law and in any event for not less than three years. Records containing medical information are kept confidentially as described in this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"df472e3c-fba4-4b68-aecf-e938167c9a2e","order":209,"text":"27. STATE AND LOCAL LAW REQUIREMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7247948b-4332-4bfe-ad94-8b6862536a9f","value":"Yes","type":"add","operator":"="}],"marginTop":"24","sectionNum":"S27"},{"id":"59858adb-bc08-4bc3-bec3-edbc74734155","order":210,"text":"Employees working in [State] may have rights that are greater than those described in this Policy. Where State or local law provides a greater right or benefit — for example a longer period during which break time for expressing breast milk must be provided, a broader definition of the conditions that must be accommodated, a lower employee threshold for coverage, an entitlement to paid leave, or an additional notice requirement — the Company applies the more protective standard.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7247948b-4332-4bfe-ad94-8b6862536a9f","value":"Yes","type":"add","operator":"="}]},{"id":"94f85606-68b0-4820-8573-3a019d748f88","order":211,"text":"The following additional requirements apply to employees working in [State]:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7247948b-4332-4bfe-ad94-8b6862536a9f","value":"Yes","type":"add","operator":"="}]},{"id":"68b5d0bc-4f32-4058-9453-b37f4469d25d","order":212,"text":"[Set out the additional State or local requirements, for example the applicable statute, the extended lactation period, or any paid leave entitlement]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7247948b-4332-4bfe-ad94-8b6862536a9f","value":"Yes","type":"add","operator":"="}]},{"id":"5dc01cdb-4422-4092-b856-c6e7ec14bda7","order":213,"text":"Nothing in this Policy limits any other right an employee has under State or local law, and where this Policy and State or local law differ, the standard more favorable to the employee is applied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7247948b-4332-4bfe-ad94-8b6862536a9f","value":"Yes","type":"add","operator":"="}]},{"id":"f7300640-2e2d-425b-885e-d59d25c8123a","order":214,"text":"28. COLLECTIVE BARGAINING AGREEMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"42e24976-3d34-49bc-914d-38d59b4c11c6","value":"Yes","type":"add","operator":"="}],"marginTop":"24","sectionNum":"S28"},{"id":"19e914a2-6db0-47b7-952d-93dda952dc72","order":215,"text":"Some employees of the Company are represented by [Name of the labor organization]. Where a collective bargaining agreement applies, this Policy is applied consistently with that agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"42e24976-3d34-49bc-914d-38d59b4c11c6","value":"Yes","type":"add","operator":"="}]},{"id":"42d137a0-8a57-43c9-a9c5-28b5b941cd39","order":216,"text":"A collective bargaining agreement cannot reduce a right that an employee has under the PWFA, under the FLSA, or under any other applicable law. No provision of an agreement will be applied so as to deny a reasonable accommodation, or to deny break time or a private space for expressing breast milk. Where a term of an agreement, such as a seniority or bidding provision, is relevant to whether a proposed accommodation is reasonable, the Company will treat that term as one factor among others and will consult the labor organization where appropriate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"42e24976-3d34-49bc-914d-38d59b4c11c6","value":"Yes","type":"add","operator":"="}]},{"id":"49c948a5-b120-4faa-9cc7-e8f4f271b4ec","order":217,"text":"An employee may ask a representative of the labor organization to make a request for accommodation on the employee's behalf, or to accompany the employee during the Interactive Process.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"42e24976-3d34-49bc-914d-38d59b4c11c6","value":"Yes","type":"add","operator":"="}]},{"id":"958a2c42-0e47-469e-b41f-6f1060542c5f","order":218,"text":"29. RELATIONSHIP TO OTHER LAWS AND POLICIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S29"},{"id":"2dfb7800-2748-4383-b149-4156887a1b96","order":219,"text":"This Policy does not limit any right available under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, under the ADA, under the Family and Medical Leave Act, under the FLSA, or under any State or local law. An employee may have rights under more than one law at the same time, and the Company will consider each request under every law that may apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d3420cce-ec13-4847-a9e0-e289c6933764","order":220,"text":"Discrimination on the basis of pregnancy, childbirth, or a related medical condition is a form of sex discrimination and is prohibited by the Company's equal employment opportunity policy, whether or not an accommodation is involved. An employee affected by pregnancy, childbirth, or a related medical condition who is able to work must be treated in the same way as any other employee who is similar in the ability or inability to work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1c7a9c8e-41d6-459a-bce6-0658873562a7","order":221,"text":"Where a pregnancy-related condition is also a disability, the employee may seek an accommodation under the ADA, under this Policy, or under both, and the Company will apply whichever standard is more favorable to the employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"db897c02-26ca-4b3d-90b3-d53ee7159167","order":222,"text":"This Policy does not require an employer-sponsored health plan to pay for or to cover any particular item, procedure, or treatment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d0beaba7-07ef-4799-ac2a-5b0037aded3f","order":223,"text":"Before bringing a private action about a failure to provide a place to express breast milk, an employee is generally required to notify the Company of the failure and to allow ten calendar days for it to be corrected. That requirement does not apply where the employee has been discharged because the employee requested the break time or the place, or because the employee opposed any conduct of the Company related to these requirements, or where the Company has indicated that it has no intention of providing the place.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"73c8bf01-c5e8-4add-b545-3bbe610d9291","order":224,"text":"30. ADMINISTRATION, AMENDMENT, AND NO CONTRACT OF EMPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S30"},{"id":"f487d652-a12b-4f4f-bdd4-446ed430eb75","order":225,"text":"This Policy is administered by the person holding the role of [Title of the policy owner], who is responsible for its interpretation and its application. Questions about the meaning of this Policy should be directed to the Accommodation Coordinator.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"58cf9e42-2637-4ad8-a809-909460377407","order":226,"text":"This Policy will be reviewed annually, and in any event whenever a change in applicable law or in the Company's operations makes a review appropriate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"55786dbe-7ec8-4ac6-a7e7-dfbf9af41261","order":227,"text":"The Company may amend or withdraw this Policy at any time, in whole or in part, subject to applicable law. Employees will be notified of any material change.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"39c5e87d-4dda-445c-81cf-d9f71b87a6e3","order":228,"text":"Each version of this Policy supersedes the version before it. The Company retains superseded versions, and a record of the date on which each version took effect, so that the rules applicable at any given time can be established.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1aec7be4-eec6-460a-b1a1-0b86253da7e8","order":229,"text":"This Policy is a statement of the Company's practice. It is not a contract of employment and does not create contractual rights. Nothing in this Policy alters the at-will nature of employment with the Company, where employment is at will, and nothing in this Policy limits a right conferred on an employee by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8f271a3a-78fe-464e-a3c9-49662c7dd8aa","order":230,"text":"If any provision of this Policy is held to be invalid or unenforceable, that provision will be applied to the fullest extent permitted and the remaining provisions will continue in full force.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a57dfdf3-b28d-45dd-982a-87e6753e05b8","order":231,"text":"31. ACKNOWLEDGMENT OF RECEIPT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S31"},{"id":"9a42a64c-f0d3-4323-8fe7-050313bef1d7","order":232,"text":"I acknowledge that I have received and read the Pregnancy, Childbirth, and Lactation Accommodation Policy of [Company name], and that I have had the opportunity to ask questions about it. I understand that I may request an accommodation at any time by contacting [Name of the accommodation coordinator] or any member of management, and that I will not be retaliated against for doing so. I understand that this Policy is a statement of Company practice and is not a contract of employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"00861f1e-8500-4cef-8982-37b846db5ce0","order":233,"text":"Employee name: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"marginTop":"16"},{"id":"44653fe9-32a5-4aa4-998a-7977c8327d1a","order":234,"text":"Employee signature: __________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"bdb9636a-410a-4326-b8c4-650ac386bd7b","order":235,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"26","cflou":false,"active":true},{"id":"650a449f-8cd0-4b96-884b-c051fd294ace","order":236,"text":"Approved for the Company by:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"81b46f25-858c-4f59-8ae7-2d54788d973c","order":237,"text":"[Name], [Title]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"fffc0b0a-cbb7-4af0-a928-68452c6327dc","order":238,"text":"Signature: ___________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"87cc460d-667c-4a17-98cf-46a755b2c831","order":239,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true}]