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3.23 · Time Away from Work and Other Benefits

Pregnancy-Related Accommodation

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Eligibility

The Company complies with the federal Pregnancy Discrimination Act, the federal Pregnant Workers Fairness Act, the Family and Medical Leave Act where applicable, and the Florida Civil Rights Act, all of which protect employees who are affected by pregnancy, childbirth, or a related medical condition. Any employee who is disabled by pregnancy, childbirth, or a related medical condition (including conditions related to lactation) is eligible for reasonable leave and accommodation as required under those laws. For purposes of this policy, employees are "disabled by pregnancy" when, in the opinion of their health care provider, they cannot work at all or are unable to perform any one or more of the essential functions of their position, or to perform them without undue risk to themselves, the successful completion of their pregnancy, or other persons. The term "disabled" also applies to certain pregnancy-related conditions such as severe morning sickness, the need to take time for prenatal or postnatal care, bed rest, postpartum depression, and the loss or end of a pregnancy.

Any employee who is affected by pregnancy may also be eligible for a temporary transfer or another reasonable accommodation. Employees are "affected by pregnancy" when they are pregnant or have a related medical condition, and a health care provider has certified that a temporary transfer or other accommodation is medically advisable.

The Company will provide a reasonable accommodation, which may include a temporary transfer to a less strenuous position, to an employee affected by pregnancy when:

  • The employee requests an accommodation.
  • The request is supported by certification from the employee's health care provider that the accommodation is medically advisable.
  • The transfer or other requested accommodation can reasonably be provided under applicable law.

The Company will not create a new position, terminate another employee, transfer another employee with greater seniority, or promote or transfer any employee who is not qualified for the new role as part of the accommodation process. However, where intermittent leave or a reduced schedule is medically advisable, the employee may, in some cases, be required to transfer temporarily to an available alternative position that meets the employee's needs. The alternative position need not have equivalent job duties but must offer equivalent pay and benefits, and the employee must be qualified for the role. The position must accommodate the employee's leave or schedule needs better than the regular job. Transfer to an alternative position may also include modifying an existing job to better accommodate the need for intermittent leave or a reduced schedule.

Examples of reasonable accommodations include: (1) modifying work schedules to provide earlier or later hours; (2) modifying work duties, practices, or policies; (3) providing time off; (4) providing furniture (such as stools) and modifying equipment and devices; and (5) providing additional break time for lactation or for trips to the restroom. If time off or a reduction in hours is granted as a reasonable accommodation, the Company will treat the reduced hours or time off as pregnancy-related leave. Requests for accommodation will be handled in accordance with the Company's policy on reasonable accommodation of disabilities.

Advance Notice and Medical Certification

To be approved for pregnancy-related leave, a temporary transfer, or another reasonable accommodation, the employee must provide the Company with:

  • Thirty days' advance notice before the leave, transfer, or accommodation is to begin, when the need is foreseeable.
  • As much notice as is practicable when thirty days' notice is not possible.
  • A signed medical certification from the employee's health care provider stating that the employee is disabled due to pregnancy or that the requested temporary transfer or other accommodation is medically advisable.

The Company may require the employee to provide a new certification if an extension of leave, transfer, or accommodation is requested. Failure to provide reasonable advance notice may result in delay of the leave, transfer, or accommodation.

Duration

The Company will provide pregnancy-related leave consistent with applicable federal law and Company policy. Leave may be taken intermittently or on a continuous basis, as certified by the employee's health care provider.

The Company may require an employee to transfer temporarily to an available alternative position to meet the employee's medical need to take intermittent leave or work a reduced schedule, as certified by the employee's health care provider. The employee must be qualified for the alternative position, which will offer an equivalent rate of pay and benefits, although job duties need not be equivalent.

Any temporary transfer or other reasonable accommodation provided to an employee affected by pregnancy will not reduce the amount of pregnancy-related leave time available to the employee, unless the transfer or accommodation involves a reduced schedule or intermittent absences from work.

The length of any transfer will depend on the employee's physical condition before and after childbirth.

Pay and Benefits

Pregnancy-related leave is unpaid. The Company will, however, pay out accrued sick leave during the leave, and the employee may elect to have accrued PTO paid out as well. Use of PTO or sick time benefits will not extend the available leave of absence. PTO and sick time will not accrue during any unpaid portion of the leave, and employees will not receive pay for official holidays observed during the leave, except during those periods when paid leave is being substituted for unpaid leave. The Company will maintain the employee's health insurance benefits during pregnancy-related leave on the same terms as they were provided prior to the leave, for the period required by applicable law. In some instances, the Company may recover premiums it paid to maintain health insurance benefits if the employee fails to return to work following the leave for reasons other than the taking of additional leave permitted by law or Company policy, or other circumstances beyond the employee's control.

If paid leave is substituted for unpaid pregnancy-related leave, payment of the employee's portion of health and benefit plan premiums will be deducted through regular payroll practices. If the leave is unpaid, the employee's premium payments are due when they would otherwise be made by payroll deduction. The employee is responsible for coordinating these arrangements with Human Resources.

Contact Human Resources with any questions regarding the accrual of other Company-provided paid leave benefits (such as PTO or sick leave) during unpaid pregnancy-related leave.

Reinstatement

If the employee and the Company have agreed on a definite return date, the employee will be reinstated on that date upon notifying the Company of the employee's ability to return. If the length of the leave or transfer was not established, or if it differs from the original agreement, the employee will be returned to work within two business days, where feasible, after notifying the Company of readiness to return.

Before being permitted to return to work in the regular job following a leave or transfer, the employee must provide Human Resources with a certification from the health care provider confirming that the employee can safely perform all of the essential duties of the position, with or without reasonable accommodation. If the employee does not provide this release prior to or upon reporting to work, the employee will be sent home until a release is provided. This time without the release is unpaid.

Employees will be returned to the same position upon conclusion of the leave or transfer unless the position no longer exists. If the employee's position no longer exists, the Company will provide a comparable position on the scheduled return date or within sixty calendar days of that return date. Employees are not entitled to any greater right to reinstatement than if they had continued working.