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AB-1906 Pregnant correctional officers: duty assignment policy. (2019-2020)

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Date Published: 01/08/2020 09:00 PM
AB1906:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1906


Introduced by Assembly Member Salas

January 08, 2020


An act to add Section 19885.5 to the Government Code, relating to correctional officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1906, as introduced, Salas. Pregnant correctional officers: duty assignment policy.
Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the department’s service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.
This bill would require the Department of Human Resources, in cooperation with the Department of Corrections and Rehabilitation, to establish a policy pursuant to which a pregnant correctional officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19885.5 is added to the Government Code, to read:

19885.5.
 (a) The department, in cooperation with the Department of Corrections and Rehabilitation, shall establish a policy pursuant to which a pregnant correctional officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of pregnancy-related limitations. The policy shall include the following elements:
(1) The pregnant correctional officer shall remain in their job classification while working in an alternate, light duty assignment.
(2) The pregnant correctional officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised.
(3) The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.
(4) The pregnant correctional officer shall continue to receive normal promotional opportunities and pay increases.
(b) The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021.