PROCEDURES FOR REASONABLE ACCOMMODATION UNDer the pregnant workers fairness act
(CT:POH-292; 08-27-2025)
(Office of Origin: PERT/OAA/DRAD)
3 FAH-1 H-3681 Medical Documentation in Support of the Reasonable Accommodation Request
(CT:POH-292; 08-27-2025)
3 FAH-1 H-3681.1 General Provisions Governing Requesting Medical Documentation Under the Pregnant Workers Fairness Act
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. If an employee or applicant requests a reasonable accommodation under the Pregnant Workers Fairness Act, the Department is entitled to request medical information in support of the request when it is reasonable to do so under the circumstances for the purpose of determining whether the individual requesting the accommodation has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation) and needs an adjustment or change at work due to the limitation. Any request for such medical information will come from the Bureau of Global Talent Management’s Office of Accessibility and Accommodations, Disability and Reasonable Accommodation Division (PERT/OAA/DRAD). No other Department office should initiate such a request.
b. Medical information provided in support of a request for a reasonable accommodation under the Pregnant Workers Fairness Act must be provided by a qualified health care provider such as, but not limited to, a: doctor, midwife, nurse, psychologist, or psychiatrist.
c. Medical information provided in support of a request for a reasonable accommodation under the Pregnant Workers Fairness Act does not need to be submitted on a specific form.
d. For purposes of these Foreign Affairs Handbook provisions and corresponding Foreign Affairs Manual provisions, the Department has designated the Bureau of Medical Services, Occupational Health Division of Domestic Programs (M/MED/CP/OHW/DP) as its medical expert. M/MED/CP/OHW/DP may, in its discretion, choose to have medical information reviewed by a medical professional at the Department’s expense.
3 FAH-1 H-3681.2 Limits on Requesting Supporting Medical Documentation
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The following situations are examples of when it is not reasonable under the circumstances to seek medical documentation in support of a request for a reasonable accommodation under the Pregnant Workers Fairness Act:
(1) When the physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation), and the adjustment or change at work needed due to the limitation are obvious and the employee provides self-confirmation (a simple statement of the limitation and the adjustment or change at work needed due to the limitation);
(2) When the Department has sufficient information to determine whether the individual requesting a reasonable accommodation has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation) and needs an adjustment or change at work due to the limitation;
(3) When the reasonable accommodation is related to a time and/or place to pump at work, or other modifications related to pumping at work, and the employee provides self-confirmation (a simple statement of the limitation and the adjustment or change at work needed due to the limitation);
(4) When the requested accommodation is available to employees without known limitations under the Pregnant Workers Fairness Act pursuant to an employer’s policies or practices without submitting supporting medical documentation; and
(5) When the individual requesting a reasonable accommodation is pregnant and seeks one of the following four modifications due to a physical or mental condition related to, affected by, or arising out of pregnancy (a limitation) and the employee provides self-confirmation (a simple statement of the limitation and the adjustment or change at work needed due to the limitation):
(a) Allowing an employee to carry or keep water near and drink, as needed;
(b) Allowing an employee to take additional restroom breaks, as needed;
(c) Allowing an employee whose work requires standing to sit and whose work requires sitting to stand, as needed; and
(d) Allowing an employee to take breaks to eat and drink, as needed.
3 FAH-1 H-3681.3 Sufficient Medical Documentation
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Documentation is sufficient if it:
(1) Confirms the physical or mental condition (i.e., an impediment or problem that may be modest, minor, and/or episodic; a need or a problem related to maintaining the employee's health or the health of the pregnancy; or an employee seeking health care related to pregnancy, childbirth, or a related medical condition itself), whether or not such condition meets the definition of disability;
(2) Confirms that the physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions;
(3) Describes the adjustment or change at work that is needed;
(4) Establishes a nexus between the limitation and the adjustment or change at work being sought; and
(5) Confirms the expected duration of the adjustment or change at work being sought.
b. The Department may request only the information that is relevant to making a decision about reasonable accommodation.
c. Supervisors and other relevant Department officials should provide the following information to the employee, PERT/OAA/DRAD and M/MED/CP/OHW/DP:
(1) The nature of the job;
(2) The essential functions of the job the individual will be expected to perform; and
(3) Any other information that is relevant to evaluating the request.
3 FAH-1 H-3681.4 Insufficient Medical Documentation
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Documentation is insufficient if:
(1) It does not confirm the physical or mental condition;
(2) It does not confirm that the physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions;
(3) It does not describe the adjustment or change at work that is needed;
(4) It does not establish a nexus connecting the limitation and adjustment or change at work being sought;
(5) It does not confirm the expected duration of the adjustment or change at work being sought;
(6) The health care provider does not have the relevant expertise to give an opinion about the limitation or the need for an adjustment or change at work; or
(7) Other factors indicate that the information provided is not credible or is fraudulent.
b. If the information provided by the individual and the individual’s representative and/or health care professional is insufficient to enable PERT/OAA/DRAD to determine whether an accommodation is appropriate, GTM/OAA/DRAD may ask for further information. However, PERT/OAA/DRAD should explain to the individual why the information is insufficient; what additional information is needed; and why it is necessary.
c. Until sufficient documentation is provided, PERT/OAA/DRAD may decline to provide the requested reasonable accommodation.
3 FAH-1 H-3681.5 Confidentiality of Medical Information
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
That an employee is pregnant, has recently been pregnant, or has a medical condition related to pregnancy or childbirth is medical information. The Department’s policy regarding confidentiality of medical information is set forth in 3 FAH-1 H-3671.4.
3 FAH-1 H-3682 INFORMATION TRACKING AND REPORTING
(CT:POH-292; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Department’s policy regarding information tracking and reporting of reasonable accommodation requests is set forth in 3 FAH-1 H-3672.
3 FAH-1 H-3683 through 3689 unassigned