Bill > A2498

Introduced Session

This bill requires law enforcement agencies to adopt a pregnancy policy for law enforcement officers. Under the provisions of this bill, every State, county, and municipal law enforcement agency is required to adopt a pregnancy policy consistent with the provisions of this bill. The policy is to apply to all female law enforcement officers who have successfully met entry level probation requirements. Under the bill, a law enforcement officer who becomes pregnant is required, upon confirmation of pregnancy and the decision to continue the pregnancy, to notify the officer's immediate supervisor, who is then required to notify the chief law enforcement executive through the chain of command. The bill also provides that upon notification of pregnancy, a law enforcement officer is to be permitted to continue to work in the officer's usual, full-duty assignment until the officer and the officer's physician deem it in the best interest of the officer and the baby to do otherwise. Except as provided for under the bill, the law enforcement agency is not to require an officer to accept a maternity duty assignment or take leave absent a compelling medical or public safety reason. However, the bill provides that if, as the pregnancy progresses, it becomes necessary for the law enforcement agency to reevaluate the officer's continuing ability to safely and effectively perform the essential functions of the officer's position, the law enforcement agency may consider whether the pregnancy creates an undue safety risk to the officer, co-workers, or the public. If the law enforcement agency determines that the officer's condition unreasonably interferes with her ability to perform in a full-duty capacity, the law enforcement agency may reassign the officer to maternity duty as defined under the bill. Except as provided for under the bill and absent a compelling medical or public safety reason, the officer is not to be required to take leave. The bill also provides that during a pregnancy, upon written recommendation of a physician, a law enforcement officer may request a temporary reassignment to maternity duty. Maternity duty may consist of, but is not limited to: nonhazardous assignments, writing police reports, operating a police radio, interviewing persons, clerical functions, or investigative functions that do not put the officer at risk of being harmed. Maternity duty assignments are not to include: alternating shift work; defensive tactics or defensive tactics training; firearms training, except simulated training; patrol duties; extensive exposure to automobile exhaust fumes; standing for more than 30 minute intervals; lifting more than 25 pounds; exposure to high concentrations of toxins, chemicals, or infectious agents or controlled dangerous substances; any contact with inmates, except in an emergency situation; or any other work that involves a high likelihood of suffering physical harm. In addition, the bill sets forth permissible uniform modifications for law enforcement officers who are pregnant. Further, the bill provides that law enforcement officers who are pregnant are exempt from the mandatory handgun qualification requirements until the officer is certified for full-duty status. If the officer is beyond the mandatory handgun qualification period, the officer is to be required to surrender the officer's department-issued sidearm and is prohibited from wearing an off-duty firearm until the officer has re-qualified. In addition, the bill provides that any evaluation made by the law enforcement agency's physician is to be limited to a review of the officer's medical records and consultation with the officer and the officer's physician. The law enforcement agency's physician is not to routinely examine the officer for pregnancy-related matters. Under the bill, a law enforcement officer is to be permitted to work as long as the officer is able to perform the duties of her job and is not to be subjected to special procedures to determine the officer's ability to work. The bill provides that if the officer becomes unable to perform the functions of her maternity duty assignment, the law enforcement agency may require the officer to take leave in compliance with the Family and Medical Leave act and any other applicable law. Finally, the bill provides for certain procedures when an officer returns to duty after maternity leave, including meeting with the officer's commanding officer, providing documentation of medical fitness for duty, assisting the officer's commanding officer in identifying her individual needs, which may include accommodations for lactation, and accomplishing all reintegration tasks as directed by the commanding officer. The bill also requires the officer's commanding officer to conduct a reintegration interview and develop a reorientation program for each officer.

Committee Categories

Carol Murphy (D)*, 

Introduced, Referred to Assembly Labor Committee (on 02/14/2022)

Official Document