
Frequently asked questions.
When you first receive news that you are with child and it is your first pregnancy as an officer, you are bound to have questions. Often times, we do not know who to ask, or the answers we are provided vary.
The purpose of this FAQ titled, “Frequently Asked Thoughts”, is to provide a platform of information which will highlight policy and procedure and identify Department resources which can help with answering the questions many of us have, but don’t know who to ask.
Disclaimer: Always be guided by current Department policy and procedure. Sick / IOD coordinators, LAWPOA, Women’s Coordinator, and Medical Liaison are all great resources for assistance.
You’re pregnant! You took the at home test and it’s positive. Now what?
You need to schedule an appointment to see your physician. In the meantime, you may be conflicted about when to inform your employer. This is a personal choice. You can either choose to inform work immediately or decide to wait until you are ready to see your physician. Regardless, the Department will need a doctor’s note. If you are unable to schedule an appointment prior to making your employer aware, your supervisor should provide you with a “light duty” assignment temporarily until you submit your doctor’s note.
I am not ready for my colleagues to know I am pregnant, but I know I should not be working the field anymore. What do I do?
The reasons women choose to keep their pregnancy private vary. There may be a preference for privacy or the fear of miscarriage. You may not be ready to share with others or might be unsure about your choices moving forward. All are valid and personal reasons.
I would like to be able to tell you that your status will remain private. But, once you provide a doctor’s note to a supervisor, someone will overhear a conversation or see the note on a desk and before you know it, you will be asked if you are pregnant. Have a conversation with your supervisor (Watch Commander or Officer in Charge) about how much you value privacy. Take the necessary precautions to protect yourself and the little baby growing inside you.
When do I have to tell work?
You tell work when you are ready to tell work. For some, it may be as soon as the positive home test. For others, it will be when they see their physician. Some may wait until they are 16-weeks. Whatever the case may be for you, understand that the Department needs to be aware, so that accommodations can be made for your work restrictions. This includes not wearing a vest, or an equipment belt, and re-assignment, if necessary.
Department Manual, Volume III, 762.93 - ASSIGNMENT OF PREGNANT EMPLOYEES. When an employee experiences symptom of pregnancy, the employee shall consult their physician. Upon confirmation that the employee is pregnant, the employee shall submit to their commanding officer a written statement from their physician, which shall include...” verification of the employee’s pregnant condition, physicians' recommendation for proper duty assignment which should include one of the following:
Immediate assignment to sedentary duties;
Continued assignment in present duties until the employee’s condition necessitates assignment to sedentary duties; or,
Immediate assignment to off-duty status.
I saw my Physician and they did not give me a doctor’s note. Does that mean I keep working full duty?
You need to explicitly tell your physician that you are a police officer and need a note. Your duties require you to shoot a firearm for qualification purposes, attend physical training days, and/or work the field. A doctor’s note is needed for work accommodations.
Be specific about what you need in your note. Identify specifics, such as an exemption to the requirement of wearing a vest, equipment belt, or carrying a firearm. Be specific if you require a “no public contact” restriction. Whatever specific needs you and your physician decide on, those need to be clearly articulated on the note.
If I am pregnant, do I have to qualify?
If you do not qualify with your firearm and you have not submitted a doctor’s note excusing you from qualification, you may be subject to a “failure to qualify”. A doctor’s note will excuse you from qualifying, wearing a vest, equipment belt, etc.
If you are apprehensive about qualifying or handling firearms during your pregnancy but do not want to report your pregnancy quite yet, the Department has a “PISTOL QUALIFICATION FOR OFFICERS WITH MEDICAL EXEMPTIONS RELATED TO LEAD EXPOSURE” exemption, which allows you to qualify with lead-free ammunition.
Do I have to provide a Doctor’s Note to qualify with lead free ammunition?
A doctor’s note is NOT required.
What do I need to qualify with lead free ammunition?
Contact the Elysian Park Range or Davis Academy Range and schedule a time to shoot. You must schedule in advance. In order to be properly accommodated, please do not wait until the end of the qualification cycle.
Do I have to wear a uniform while pregnant? What am I allowed to wear?
Department Manual, Volume III 640.10 - When the wearing of a uniform is no longer practical, the concerned employee shall be reassigned to non-uniformed duty and permitted to dress in appropriate civilian attire.
An officer who seeks accommodation to wear a maternity uniform shall comply with Manual Section 3/640.
Simple terms - You can choose to wear the maternity uniform, or dress in appropriate civilian attire.
I am working a specialized assignment (GED, NED, SPU, etc.) and I just found out I am pregnant, will I be kicked out?
No!
Federal Law (Pregnancy Discrimination Act) provides that discrimination on the basis of pregnancy, childbirth, or related medical conditions is a type of unlawful sex discrimination.
State law (California law protects employees against discrimination or harassment because of an employee’s pregnancy).
City and Department policy prohibit discrimination due to pregnancy.
I am a probationary police officer and pregnant. Am I still able to complete my probation? Will my probation be extended?
Yes, you will be able to finish probation. However, if you are pregnant during the Structured Field Training Program Period and are “light duty” you will be extended.
760.45 ADJUSTMENTS OF PROBATIONARY PERIOD – POLICE OFFICERS - The probationary period shall be extended by the number of days the probationary officer is on restricted duty because of an on-duty injury or illness, or pregnancy
I am a probationary sergeant/detective. Am I still able to complete my probation? Will my probation be extended?
Yes, you will be able to finish probation. You will not be extended as long as you complete your checklist.
“Each probationary sergeant must complete the training by being signed off as "Competent" in all of the Checklist tasks by the end of each probationary sergeant's sixth month probationary period. If a probationary period is interrupted for another assignment (e.g. detectives) the employee must complete all Checklist task items and his/her six-month period before the probation is deemed complete.” (SPECIAL ORDER NO. 18, Dated September 13, 2012).
I am on a promotional list (Sergeant, Detective, Lieutenant, etc.). Will I be passed up for promotion due to pregnancy?
No!
Federal Law (Pregnancy Discrimination Act) provides that discrimination on the basis of pregnancy, childbirth, or related medical conditions is a type of unlawful sex discrimination.
State law (California law protects employees against discrimination or harassment because of an employee’s pregnancy).
City & Department policy prohibit discrimination due to pregnancy.
Can I choose to remain full duty?
Be guided by your physician.
Can I choose my assignment while pregnant? Example: My friend is pregnant at a neighboring division, and she is working detectives, I’d like the opportunity to work detectives as well.
Typically, if you are assigned to a specialized assignment, you will remain in your specialized assignment capacity.
EXAMPLE: GED Officer will more than likely work GIT or complete GED administrative functions.
EXAMPLE: NED/VICE Officer will complete the administrative functions for the unit.
EXAMPLE: Officer assigned to an administrative function will continue their duties.
This question tends to come up more with patrol personnel. A patrol officer becomes pregnant and may be placed at an after-hours front desk, kit room, ACC, Detectives, CRO, etc.
Advocate for yourself if necessary. Speak with your Watch Commander. Express your desire to continue to develop as an officer during your pregnancy. Inquire about opportunities to work Detectives, Training Unit, Area Office, etc. Talk to the OIC of the particular administrative assignment you are interested in working and express your interest.
Ultimately it is the Area/Division Commanding Officer’s decision. The commanding officer typically will consider the “haves and needs” of the command.
How much time will I be able to take off?
This will be dependent on a few factors; it is first important to understand your employee benefits and what they mean.
What is the difference between Maternity Leave and Bonding?
Maternity Leave is defined by LAPD Department Manual, Section 730.30 - A maternity leave of absence shall be granted upon written request of a pregnant employee for that period of time during which the employee has been certified by a physician as unable to work.
In simple words, Maternity Leave is the time your doctor has specified you not being able to work due to the pregnancy or birth. This may begin before birth and/or after birth.
Bonding is defined by LAPD MOU NO. 24 as the non-disability portion of childbirth leave (before or after delivery). Bonding begins once your doctor has “medically cleared you to return to work.” After you give birth, you will follow-up with your doctor. At this follow-up appointment the doctor will typically ask a series of questions and determine if you are “cleared to return to work.
Bonding for your partner (person not giving birth) begins when they have pre-scheduled it via their “FMLA” (Family Medical Leave Absence).
What if the baby arrives sooner than anticipated? Will my partner be able to take their bonding sooner rather than later?
Yes. However, it is essential that your partner has submitted FMLA correspondence in advance, so that the Sick / IOD Coordinator can make the proper amendments.
My partner is also on the Department. Do we have to share our benefits?
No. In the past sworn personnel had to share their benefits (bonding time). Now both employees get equal access to their employee benefits.
My partner is on the Department. Do I have to share their information on my maternity/bonding paperwork?
The paperwork does not require (Form Gen 191 and Form Gen 193) or ask for your partner’s information.
I just had my baby and I am not feeling like myself. Am I really expected to return to work in a few weeks?
When you have your follow-up post-partum appointment with your doctor, you will be asked a series of questions. You should be asked about your mental health. If you are feeling any “baby blues” or mentally not feeling entirely yourself, be sure to express to your doctor what you are feeling. Ultimately, your doctor may extend your “Maternity Leave.” What does that mean? Please read the following:
My doctor extended my Maternity Leave. Now what? Does that change anything?
There are various medical reasons a doctor may extend your Maternity Leave. The extension of Maternity Leave is explicitly stating you are not clear to return to work. This means you have not begun your “bonding time”. Both Maternity and Bonding are essentially two separate requests*.
How much time can I take off for Maternity Leave?
The MOU (MOU No. 24, Page 152) delineates your employee rights. In accordance with Pregnancy Disability Leave under the California FEHA, employees who are disabled due to pregnancy, childbirth, or related medical conditions are eligible for up to four (4) months (nine [9] pay periods) or leave with medical certification certifying the employee is unable to work due to a pregnancy-related condition. Pregnancy Disability Leave under the FEHA may be taken before or after the birth of a child, which shall run concurrently with pregnancy leave under the Federal Family and Medical Leave Act of 1993 and must be concluded within one year of the child’s birth.
Simple terms, up to 4 months with a medical note.
How much time can I take off for Bonding?
The MOU (MOU No. 24, Page 152) delineates your employee rights. Employees (each parent individually) are also eligible for family leave (bonding) under the California Family Rights Act, which shall be limited to four months (nine (9) pay periods) and must be concluded within one year of the child’s birth or adoption.
Simple terms, up to 4 months.
Which type of time am I using? In what order?
Maternity Leave time usage is explained in the MOU No. 24, Page 154, Accrued sick leave (100%, 75%, 50%) or vacation for the entire period of disability that a health care provider certifies is necessary, (including prenatal care of the mother's inability to work prior to the birth) may be taken at the employee’s discretion.
Simple terms: Sick Leave or Vacation
Bonding time usage is explained in the MOU No. 24, Page 155, accrued vacation time shall be used prior to using other time options. Upon depleting vacation time, all 100% sick leave shall be used first. Followed by 75% and 50% sick leave. The use of sick leave is at the employee’s discretion. Compensatory time off (T/O) may be used at the employee’s discretion after exhaustion of 100% sick leave. Unpaid Leave.
Simple terms: Vacation, Sick, CTO, unpaid leave.
What if I don’t have enough time? I used all my vacation; I have minimal sick time. What are my options?
You have the employee benefits of using all your sick time, including 75% and 50%. Hopefully you have some time banked. If you have nothing left, you can always opt for an “unpaid leave.”
Do I have to use all of my time at once?
No, but you do have one year from birth to use your employee benefits.
Once I am off on Maternity Leave can I change my mind about how much time I would like to bond with my baby?
Yes. Whether it's coming back sooner or extending time (in accordance with the MOU). You need to communicate with your Sick / IOD coordinator regarding any changes with your leave. Your Sick / IOD coordinator will make the necessary changes needed and will advise you of your time and employee benefits.