Pregnancy Accommodation Under RCW 43.10 Sample Clauses

Pregnancy Accommodation Under RCW 43.10. A. A pregnant nurse may request a reasonable accommodation. For purposes of this section, “pregnancy” includes the nurse’s pregnancy and pregnancy related health conditions. B. A reasonable accommodation under this section may include: 1. Providing more frequent, longer, or flexible restroom breaks; 2. Modifying a no food or drink policy; 3. Job restructuring, part-time or modified work schedules, reassignment to a vacant position or acquiring or modifying equipment, devices or a nurse’s work station; 4. Providing seating or allowing the nurse to sit more frequently if their job requires them to stand; 5. Providing for a temporary transfer to a less strenuous or less hazardous position; 6. Providing assistance with manual labor and limits on lifting; 7. Scheduling flexibility for prenatal visits; and 8. Any further pregnancy accommodation a nurse may request, and to which an Employer must give reasonable consideration in consultation with the information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the nurse. C. The Employer will not require a nurse to take leave if another reasonable accommodation can be provided for the nurse’s pregnancy. D. The Employer may request that the nurse provide written certification from their treating health care professional regarding the need for reasonable accommodation, except for accommodations listed in section C above. E. A reasonable accommodation under this section shall be granted, unless the Employer can demonstrate that the accommodation would impose an undue hardship on the Employer’s program, enterprise, or business. For purposes of this section, an “undue hardship” means an action requiring significant difficulty or expense. The Employer may not claim under hardship for accommodations listed above in B (1), B (2) and B (4), or for limits on lifting over seventeen pounds. F. The Employer is not required to create a position for the nurse requesting accommodation under this section unless the Employer does so or would do so for the other classes of employees who need accommodation, nor is the Employer required to discharge any employee or transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the Employer does so or would do so to accommodate other classes of employees who need accommodation.