2427 - (GBAM) Accommodation of Pregnancy and Related Medical Conditions: Personnel

 

2426 (GBAM) Accommodation of Pregnancy and Related 2427 (GBAM)

Medical Conditions: Personnel

 

 

A. Policy Purpose.

This policy is intended to help Milford District employees receive the accommodations
related to pregnancy and related conditions to which they are entitled under the
Pregnant Workers Fairness Act (PWFA) regarding pregnant employees and employees
with pregnancy-related conditions, Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act (ADA), and Board Policy 2401(AC).
B. Terms.
  1. Pregnancy. Under the PWFA, “pregnancy” and “childbirth” refer to the pregnancy
    or childbirth of the specific employee in question and include, but are not limited
    to, current pregnancy; past pregnancy; potential or intended pregnancy (which
    can include infertility, fertility treatment, and the use of contraception); labor; and
    childbirth (including natural and cesarean delivery).
  1. Related Medical Conditions. “Related medical conditions” are medical conditions
    relating to the pregnancy or childbirth of the specific employee in question. This
    includes prenatal/antenatal and postpartum medical conditions, as well as
    lactation-related conditions. See Policy 2425 (ACN) for lactation
    accommodations.
  1. Reasonable Accommodations. A "reasonable accommodation" for purposes of
    this policy and the PWFA is an accommodation that “seems reasonable on its
    face, i.e., ordinarily or in the run of cases, is “feasible”, or "plausible” given the
    specific circumstances of the position. Reasonable accommodations with respect
    to pregnancy or related conditions may include such items as:
    1. frequent breaks to attend to health needs associated with pregnancy or
      related conditions, including eating, drinking, using the restroom, or
      expressing breast milk in an appropriate lactation space (as described in
      Policy 2425 (ACN);
    2. schedule changes or intermittent absences to attend medical
      appointments;
    3. changes in physical space or supplies (for example, access to a larger
      desk or a footrest);
    4. leave;
    5. avoiding exposure to certain chemicals;
    6. telework;
    7. access to reserved parking;
    8. elevator access; or
    9. other changes to policies, practices, or procedures.
C. Interactive Process and Reasonable Accommodation.

Any employee who is pregnant or who has a related medical condition (the “Employee”)
is encouraged to communicate a need for reasonable accommodation to the District by
notifying Human Resources. Once the District is so notified, the District will engage in an
interactive process with the Employee to make reasonable accommodations for the
Employee’s known limitations. The District shall implement such reasonable
accommodation without unnecessary delay. If appropriate, the District may implement
an interim reasonable accommodation while determining the best way to provide one.

The District shall not require the Employee to accept any accommodation or to take
leave, nor will the District deny employment opportunities to the Employee or take any
adverse action against the Employee because of the Employee's need for, request of, or
use of reasonable accommodation(s).

The District shall not retaliate against, coerce into, dissuade from, or otherwise act
against any person for seeking reasonable accommodation or assisting another in
seeking reasonable accommodation as described in this policy.

If the Employee refuses a reasonable accommodation offered by the District and, as a
result, is unable to perform the essential functions of the job, and there are no alternative
reasonable accommodations, the District may have satisfied its obligation to make
reasonable accommodation.

D. Supporting Documentation.

The District will only seek reasonable documentation supporting the Employee’s need
for accommodation due to pregnancy or a related medical condition when such
documentation is necessary to determine reasonable accommodation and/or the
expected duration of the need.

The District will not seek supporting documentation when the need is obvious or already
known. For example, a need for more frequent restroom breaks for a pregnant employee
is obvious. Once the Employee has notified the District of the Employee's pregnancy, the
District would not require documentation supporting the ongoing need for more frequent
restroom breaks.
 
E. Reports or Complaints.

Reports or complaints of violations of this policy should be made in the first instance
under Board policy 5125 (ACAC).
 
NH Statutes 
RSA 354-A:1 
Description
RSA 354-A:6
 
 
Federal Regulations 
89 FR 29182
 
Description
 
Federal Statutes 
42 U.S.C. 2000gg
Description
 
 
 
Adopted: 2/2026