Download Fair Practices Ordinance (Pregnancy Accommodation)

Fair Practices Ordinance (Pregnancy Accommodation) Policy
POLICY STATEMENT
Effective as of January 20, 2014, the City of Philadelphia amended an Ordinance, called “Fair
Practice Ordinance: Protections Against Unlawful Discrimination,” to provide certain employees
allowances for reasonable accommodations and unpaid leave due to pregnancy, childbirth, or a
related medical condition.
OBJECTIVE
This policy sets forth the conditions under which eligible employees may request reasonable
accommodations and unpaid leave pursuant to the City of Philadelphia Fair Practice Ordinance
(related to Pregnancy accommodations), and includes the application, certification and approval
processes.
SCOPE
This Policy applies to all full-time and part-time employees.
POLICY
Holy Family University shall provide reasonable accommodations to an employee for needs
related to pregnancy, childbirth, or a related medical condition, provided:
i.
ii.
the employee requests such accommodations, and
such accommodations will not cause an undue hardship to the employer.
DEFINITIONS
Reasonable Accommodations shall mean an accommodation that can be made by an employer,
in the workplace, that will allow the employee to perform the essential functions of the job.
Reasonable accommodations include, but are not limited to:
i.
ii.
iii.
iv.
v.
vi.
restroom breaks
periodic rest for those who stand for long periods of time
assistance with manual labor
leave for a period of disability arising from childbirth
reassignment to a vacant position
job restructuring.
Undue Hardship – Factors to be considered in making a determination of undue hardship shall
include, but not be limited to the following:
i.
The nature and cost of the accommodations;
ii.
iii.
The overall financial resources of the employer, including the size of the employer
with respect to the number of its employees and the number, type and location of its
facilities; and
The type of operation or operations of the employer, including the composition,
structure and functions of the workforce, the geographic separateness, administrative,
or fiscal relationship of the facility or facilities in question to the employer.
PROCEDURES
1. Request for Reasonable Accommodation
a. An employee, who is eligible under the Fair Practices Ordinance related to pregnancy
accommodations, may make a request for reasonable accommodations or unpaid leave.
2. Notice Requirements
a. The employee must notify his or her immediate supervisor and Human Resources of the
request for reasonable accommodations and/or leave and the expected duration of such
request.
b. The employee shall provide the supervisor and Human Resources with at least thirty (30)
days’ advance notice of their request for reasonable accommodation(s) and/or leave, unless
providing such notice is not practicable.
3. Certifications
a. The supervisor may require the employee to provide certification to the employer that:
i. The reasonable accommodation(s) and/or leave is medically necessary due to
pregnancy
ii. The expected duration of reasonable accommodation(s) and/or leave.
b. The employee shall provide such certification to the supervisor and Human Resources
within fifteen (15) days after the employer requests certification.
c. The employee may satisfy the certification requirement by providing:
i. Documentation from the employee’s doctor, outlying the medical issues and the
specific accommodation(s)/leave requested.
4. Duration of Leave
a. Eligible employees may be entitled to up to 8 weeks of unpaid leave under the Fair
Practices Ordinance during a rolling 12-month period.
b. Holy Family University’s Fair Practices Ordinance Leave runs concurrently with Family
Medical Leave (FML).
5. Benefits During Leave
a. During leave under the Fair Practices Ordinance, Holy Family University will maintain the
employee’s health insurance under the same conditions that coverage would have been
provided if the employee had been continuously employed during the entire leave
period. Holy Family University and the employee will each continue to pay their respective
portions of the benefit costs. If the employee is no longer in “active pay status,” he or she
will be required to submit the employee portion of the benefit costs directly to Human
Resources. Holy Family University reserves the right to recover the full amount of
premiums it pays to maintain health coverage for an employee who fails to return to work
following leave under the Fair Practices Ordinance.
b. University-paid benefits will continue in effect for the duration of leave under the Fair
Practices Ordinance, to the same extent that such coverage would have been provided if the
employee had been continuously employed during the entire leave period.
c. An employee who participates in a dependent-care or health-care reimbursement benefit
program at the commencement of leave under this policy may continue to participate in
such program(s) during a period of such leave in accordance with applicable plan
requirements, except that no contributions to such programs may be made while the
employee is on inactive pay status.
d. Retirement plan contributions will continue during leave under this policy in accordance
with the provisions specified in the respective retirement plan documents, except when the
employee is considered to be on inactive pay status.
6. Return from Leave
a. An employee returning from leave under the Fair Practices Ordinance will be reinstated to
the same or equivalent position, with equivalent pay, benefits, and other terms and
conditions of employment. Failure to return to work following the completion of leave
under the Fair Practices Ordinance will be considered voluntary resignation from
employment. In addition, an employee who does not return from leave is responsible for
reimbursing the University for all medical benefit premiums paid on his or her behalf during
the leave.
b. An employee who returns from leave under the Fair Practices Ordinance, must provide
Human Resources with a certification from a health care provider documenting his or her
fitness to return to work. An employee who is unable to return to work at the end of the
leave must notify his or her immediate supervisor and Human Resources as soon as
possible.
c. Except as provided in this policy, an employee’s use of leave under the Fair Practices
Ordinance will not result in the loss of any employment benefit that the employee earned
prior to commencement of such leave. Use of leave under the Fair Practices Ordinance
does not constitute an “occurrence” of absence under Holy Family University’s Attendance
Policy.
AT-WILL EMPLOYMENT NOT AFFECTED
Notwithstanding anything to the contrary stated in this policy, nothing herein is intended to alter
the at-will status of any employee. Holy Family University, at all times, retains the right to
terminate any employee at any time for any lawful reason, or for no reason at all, as long as such
termination does not violate any federal or state laws.