Childbirth, Parenting, and Lactation

Childbirth, Parenting, and Lactation

Accommodation

Policy 5-401

Scope:

This policy applies to all District employees, including certificated, classified, supervisory, management, confidential, part-time, and probationary employees.

1. 1. Pregnancy and Childbirth Accommodation  

The District shall provide reasonable accommodations for pregnancy, childbirth, or related medical conditions upon request unless doing so would impose an undue hardship on District operations. Accommodations may include modified duties, additional breaks, seating or ergonomic modifications, temporary transfer, or a leave of absence. The District shall engage in a timely, good faith interactive process with the employee to identify appropriate accommodations.

1. 2. Pregnancy Disability Leave (PDL) 

An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of protected leave per pregnancy. Leave may be taken continuously, intermittently or on a reduced schedule. PDL may run concurrently with other leave entitlements, and upon conclusion of PDL, the employee is entitled to reinstatement to the same or comparable position.

1. 3. Parental Leave – Bonding with a New Child  

Eligible employees are entitled to up to 12 workweeks of job-protected leave under the California Family Rights Act (CFRA) to bond with a newborn, adopted, or foster child within one year of birth or placement. This may run concurrently with federal FMLA leave.  Employees may use accrued sick leave, vacation, or differential pay. Parental leave is available to all parents, regardless of gender or birthing status.

1. 4. Lactation Accommodation  

The District shall provide reasonable break time and a lactation accommodation space for employees who need to express breast milk.

The lactation space shall:

1. •  Be safe, clean, and free from hazardous materials; 

1. •  Not be a bathroom; 

1. •  Be shielded from view and free from intrusion; 

1. •  Be in close proximity to the employee’s work area; 

1. •  Include a place to sit; 

1. •  Include a flat surface for placing a breast pump and personal items; 

1. •  Have access to electricity or alternative devices needed to operate a breast pump; 

1. •  Be located near access to running water; and 

1. •  Provide access to a refrigerator or other cooling device suitable for storing expressed milk. 

Employees shall be granted a reasonable amount of time to express milk. Breaks shall run concurrently with existing paid rest breaks.  Additional time beyond normal breaks may be unpaid.

1. 5. Non-Discrimination and Retaliation  

The District prohibits discrimination, harassment, interference, coercion, intimidation, or retaliation against any employee for:

1. •  Requesting or receiving pregnancy-related accommodations; 

1. •  Requesting or taking Pregnancy Disability Leave; 

1. •  Requesting or taking parental bonding leave; 

1. •  Requesting or using lactation accommodations; 

1. •  Exercising any right protected by federal or California law. 

2. 6. Complaint Procedures  

   •  Employees who believe they have been denied rights provided by this policy may report concerns to the Human Resources Department. 

1. •  Employees may also file complaints with appropriate state or federal agencies, including the California Civil Rights Department, the California Labor Commissioner’s Office, or the United States Department of Labor, as applicable. 

1. •  The District shall investigate complaints promptly and shall take appropriate corrective action when warranted. 

2. 7. Policy Distribution  

This policy shall be provided:

1. • •  Upon hire;  

     •  Upon an employee’s request for parental or disability-related leave;  

     •  Upon any request for lactation accommodation; and 

     •  It shall also be included in employee handbooks and posted in prominent workplace locations.  

Administrative Regulations

1. 1. Request Process  

   •  Employees shall submit written requests for leave or accommodation to Human Resources or their site administrator. Requests for lactation accommodation should include proposed timing and duration of lactation breaks.  

2. 2. Interactive Process 

   •  HR shall engage in a timely, good faith interactive process with the employee to identify accommodations. Medical documentation may be required for pregnancy-related accommodations as permitted by law.  

3. 3. Leave Management  

   •  Employees may elect to use accrued leave balances. Once exhausted, differential or unpaid leave shall apply according to the employee’s classification and applicable law or contract.  

4. 4. Lactation Room Implementation  

   •  Each site administrator shall identify a compliant space. Temporary solutions shall be arranged for itinerant staff or campuses lacking a permanent room.  

5. 5. Training  

   •  HR staff, supervisors, and site administrators shall receive periodic training on employee rights, accommodation procedures, and policy enforcement.