Employee Pregnancy Accommodations

The University is committed to providing reasonable workplace accommodations, upon request, to employees experiencing pregnancy, childbirth, postpartum recovery, lactation, or related medical conditions.

Depending on employee’s individual needs and work responsibilities, reasonable accommodations may include:

• More frequent breaks for rest, food, water, restroom use, or lactation
• A modified schedule for medical appointments, recovery needs, or lactation breaks
• Temporary changes to job duties, work location, equipment, or physical tasks
• Seating, ergonomic equipment, or uniform adjustments
• Temporary reassignment away from strenuous, hazardous, or exposure-related tasks
• Leave, when needed and appropriate
• Temporary modified work assignments, when appropriate, to address pregnancy-related limitations or recovery needs. See more in Modified Work Assignment Section below

The appropriate accommodation depends on the employee’s individual circumstances. Employees are encouraged to request support when a need arises and to contact the Title IX Office if their needs change during pregnancy, recovery, lactation, or another related medical condition.

The University supports students who are breastfeeding or expressing milk by providing reasonable time and access to an appropriate private space. 

Multiple designated lactation spaces are available across campus. Locations can be found on the University of Arkansas Campus Map. 

To begin the process, complete the Pregnancy Accommodation Request Form or contact the Title IX Office. After receiving the request, the Pregnancy Specialist will contact the employee to discuss the known limitation, job duties, requested accommodation, and possible next steps.

The Pregnancy Specialist will review the request through an individualized interactive process and consider the employee’s known limitation, essential job duties, preferred accommodation, and other effective accommodation options.

The accommodation process is a good-faith collaboration between the employee and the University. The employee and Pregnancy Specialist will discuss the employee’s known limitation, essential and nonessential job duties, requested accommodation, and other possible accommodations.

The employee’s preferred accommodation will be considered, although the University may provide another effective reasonable accommodation.

When needed, the Pregnancy Specialist may coordinate with Human Resources, the employee’s supervisor, or other appropriate University offices to identify an effective reasonable accommodation.

The interactive process may continue after an accommodation is implemented to determine whether it remains effective or should be adjusted because the employee’s needs or job circumstances have changed.

Once a determination is made, written notification will be sent to the appropriate department authority for signature and then to the employee requesting the accommodation. All parties must sign to acknowledge receipt of the decision.

The written notification will explain the approved accommodation, including when it begins, how long it is expected to last, and any details needed to put it in place.

A requested accommodation may not be approved if the University determines that it would impose an undue hardship on the operation of the department. In that situation, the Pregnancy Specialist, employee, and appropriate University representatives will continue the interactive process to discuss other effective reasonable accommodations.

Employees should contact the Pregnancy Specialist if an accommodation is not working effectively or if their needs change.

University policies: Staff Parental Leave and Modified Work Assignments and Faculty Modified Work Assignment for Maternity and Paternity.

• These modified work assignment policies apply to full-time (100% appointed) staff or faculty following childbirth, adoption, or placement of a foster child.
• Paid and unpaid leave and a modified work assignment may be combined for up to 12 weeks within the 12 months following the birth or placement, subject to eligibility.
• A modified work assignment must be developed with the employee’s supervisor or, for faculty, department chair/head. It may change job responsibilities or include primarily remote work.
• Approval is not automatic. The arrangement cannot impede essential University functions and must benefit the University.
• Modified work assignments are coordinated with available parental, sick, annual, FMLA, or other leave, as applicable.
• Employees should request the arrangement as early as practical so duties and coverage can be planned.
• A pregnancy-related workplace accommodation under the Pregnant Workers Fairness Act is a separate process and may be available even when an employee does not meet the eligibility requirements for these parental modified work assignment policies. 

Temporary modified work assignments may be considered when pregnancy-related limitations or recovery needs affect an employee’s usual duties. As part of the accommodation process, duties that are not essential to the employee’s position may be modified, temporarily eliminated, or replaced with other duties. Modified work assignments may be available to eligible full-time, benefits-eligible employees following childbirth, adoption, foster placement, or related medical circumstances.

Employees affected by pregnancy, childbirth, or related medical conditions may have protections under several federal laws, including:

• Pregnant Workers Fairness Act (PWFA) – provides reasonable workplace accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship.
• PUMP Act – provides most nursing employees with reasonable break time and an appropriate private space to express breast milk.
• Title IX – prohibits sex discrimination, including certain forms of pregnancy-related discrimination, and retaliation in covered education programs and activities. 

Supervisors play an important role in recognizing accommodation requests and helping implement approved accommodations.

Supervisors should:

• Recognize that an employee may be requesting an accommodation when they communicate a physical or mental limitation related to pregnancy, childbirth, or a related medical condition.
• Inform the employee about the University’s pregnancy accommodation process and contact the Title IX Pregnancy Specialist for guidance.
• Not independently deny an accommodation request or unnecessarily delay the process. If an immediate need arises, consult the Pregnancy Specialist about a temporary or interim adjustment while the request is being reviewed.
• Not independently request medical records or documentation from the employee. Any supporting documentation should be requested only when permitted and handled through the Title IX Office.
• Protect the employee’s privacy and share pregnancy-related or medical information only with University personnel who need the information to review or implement the accommodation.
• Work with the Pregnancy Specialist and other appropriate University representatives to review essential and nonessential job duties, consider effective accommodation options, and implement the approved accommodation.
• Monitor the accommodation after implementation and promptly contact the Pregnancy Specialist if circumstances change or concerns arise.
• Not retaliate against an employee for requesting or using an accommodation.