Today's Law As Amended


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



As Amends the Law Today


SECTION 1.

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

19885.5.
 (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:
(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.
(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.
(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.
(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employee’s individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employee’s medical limitations or restrictions, the employee’s classification, and the needs of the department.
(c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the department’s Office of Employee Health and Wellness.
(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.