Reasonable accomModations Under the Pregnant workers fairness act
(CT:PER-1239; 08-27-2025)
(Office of Origin: PERT/OAA/DRAD)
3 FAM 3681 overview
(CT:PER-1239; 08-27-2025)
3 FAM 3681.1 Policy
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. It is the policy of the U.S. Department of State to comply fully with the reasonable accommodation requirements of the Pregnant Workers Fairness Act, 42 U.S.C. 2000gg et seq. Under this law, Federal agencies must provide reasonable accommodation for known limitations related to the pregnancy, childbirth, or related medical conditions of qualified employees and applicants, with limited exceptions including, but not limited to, undue hardship.
b. These procedures are available in an accessible format upon request.
c. Nothing in this subchapter is to be interpreted to constrain a manager, in accordance with existing policies or procedures, from taking appropriate measures to address poor job performance or misconduct by employees experiencing pregnancy, childbirth, or a related medical condition.
3 FAM 3681.2 Authorities and References
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The authorities and references for this subchapter are:
(1) The Pregnant Workers Fairness Act, 42 U.S.C. 2000gg et seq.;
(2) Regulations Implementing The Pregnant Workers Fairness Act, 29 CFR 1636;
(3) The Family and Medical Leave Act of 1993, 5 U.S.C. 6381 through 5 U.S.C. 6387; and
(4) EEOC Policy Guidance: What You Should Know About the Pregnant Workers Fairness Act, available on the EEOC’s Web site.
3 FAM 3681.3 Applicability
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
This policy applies to all qualified employees and employment applicants, as defined by law, of the U.S. Department of State, excluding foreign nationals employed outside the territorial limits of the United States. The policy in this section is separate and apart from the medical clearance process governed by 16 FAM 200.
3 FAM 3681.4 Definitions
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Disability: A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.
Essential functions: The fundamental job duties of the employment position. “Essential function” does not include marginal functions. A function may be “essential” if, among other things:
(1) The position exists specifically to perform that function;
(2) There are a limited number of other employees who could perform the function; or
(3) The function is specialized and the individual is hired based on their ability to perform it.
Known limitation: A physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer, whether or not such condition meets the definition of disability.
Pregnancy, childbirth, or related medical conditions: “Pregnancy” and “childbirth” refer to the pregnancy or childbirth of the specific employee in question and include, but are not limited to: current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery). “Related medical conditions” are medical conditions, including lactation, relating to the pregnancy or childbirth of the specific employee in question.
Qualified individual: An applicant or employee who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if:
(1) Any inability to perform an essential function is for a temporary period;
(2) The essential function could be performed in the near future; and
(3) The inability to perform the essential function can be reasonably accommodated.
Reasonable accommodation: A change in the work environment or in the application process that would enable a qualified individual with a known limitation to enjoy equal employment opportunities.
Undue hardship: An action requiring significant difficulty or expense to the employer. Factors to be considered include:
(1) The nature and net cost of the accommodation needed;
(2) The financial resources of the Department as a whole; and
(3) The impact of the accommodation upon the operation of the Department’s mission, including the impact on the ability of other employees to perform their duties and to conduct business.
NOTE: The definitions in the applicable statutes and regulations will govern in the event of a conflict.
3 FAM 3682 Making a request for a reasonable accommodation
(CT:PER-1239; 08-27-2025)
3 FAM 3682.1 Timing the Request for Reasonable Accommodation
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
An individual may request a reasonable accommodation whenever they choose. However, generally, the Department has no obligation to provide a reasonable accommodation until the individual makes a request for one. The individual does not have to wait until the limitation is having an effect on work performance to make a request for reasonable accommodation.
3 FAM 3682.2 Recipients of Requests from Employees
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. An employee assigned to a position in the United States may present an oral, electronic, or written request for reasonable accommodation to the employee’s supervisor; a supervisor or manager in the employee’s immediate chain of command; the employee’s bureau executive director; or the Bureau of Global Talent Management’s Office of Accessibility and Accommodations, Disability and Reasonable Accommodation Division (PERT/OAA/DRAD).
b. An employee assigned to a position outside the United States may present an oral, electronic, or written request for reasonable accommodation to the employee’s supervisor; a supervisor or manager in their chain of command; the post’s management officer; or PERT/OAA/DRAD.
c. An applicant for a Civil Service position in the United States may present an oral, electronic, or written request for reasonable accommodation to the employing bureau’s personnel officer or PERT/OAA/DRAD.
d. A U.S. citizen applicant for a position outside the United States may present an oral or written request for reasonable accommodation to the office that advertises the position or the post’s management officer.
e. Foreign Service applicants should make a request for any accommodation that will be needed during either the written or oral segments of the Foreign Service exam either at the time of registration for the written portion of the Foreign Service Test; at the time of scheduling the oral portion of the Foreign Service Assessment; or at the earliest opportunity during any alternative application process to the Foreign Service.
f. Individuals requiring reasonable accommodation during a training assignment to the Foreign Service Institute (FSI) at the George P. Shultz National Foreign Affairs Training Center should submit a request for reasonable accommodation to PERT/OAA/DRAD, FSI’s Office of the Registrar, and to the instructor and/or coordinator of the FSI course(s) the individual plans to attend. For further instruction on procedures for submitting such a request to FSI, please consult the website of FSI’s Office of the Registrar.
g. Individuals requiring reasonable accommodation related to Foreign Affairs Counter Threat training should submit a request for reasonable accommodation to PERT/OAA/DRAD. Requests for a modification should be made at least 30 days in advance (to the extent feasible) of the start of the training course or as far in advance as possible.
3 FAM 3682.3 Initiating Requests for Reasonable Accommodation
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. A request for a reasonable accommodation may be oral, electronic, or written.
b. An individual need not have a particular accommodation in mind before making a request and special wording is not required. A request for reasonable accommodation should let the Department know that an adjustment or change at work is needed for a reason related to pregnancy, childbirth, or a related medical condition. The request does not, however, have to use any special words such as “reasonable accommodation,” “known limitation,” or “Pregnant Workers Fairness Act.”
c. A representative may make a request on behalf of someone else. A family member, health professional, or other representative acting on the Department of State employee’s or employment applicant’s behalf may request the accommodation.
3 FAM 3683 processing requests for reasonable accommodation
(CT:PER-1239; 08-27-2025)
3 FAM 3683.1 Decision Maker
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. PERT/OAA/DRAD is the Department’s designated decision-maker on reasonable accommodation requests.
b. The Under Secretary for Management or designee must approve all denials of reasonable accommodation based on undue hardship.
3 FAM 3683.2 Time Frame for Forwarding the Request
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
A Department official who receives a request for reasonable accommodation should promptly forward it to PERT/OAA/DRAD.
3 FAM 3683.3 Time Frame to Process the Request
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. PERT/OAA/DRAD is committed to the timely processing of reasonable accommodation requests, consistent with the Department’s obligation under the Pregnant Workers Fairness Act. The time necessary to process a request is dependent on numerous factors, including but not limited to the nature of the accommodation requested; whether it is necessary to obtain supporting information such as medical documentation; procurement processes; hiring processes; and other circumstances. For examples of extenuating circumstances, see 3 FAM 3683.5.
b. In the case of newly hired employees or employees being assigned to a new position, the Department will try to have the reasonable accommodation in place when the employee first reports to duty. However, this may not always be possible. See 3 FAM 3683.5 Extenuating Circumstances and 3 FAM 3683.6 Providing Interim Relief Measures.
c. When necessary, the Department will make an effort to ensure expedited processing of a request for an accommodation.
3 FAM 3683.4 The Interactive Process
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The interactive process is a back-and-forth communication between the person desiring the accommodation, or their representative, and a Department of State applicant or employee to clarify the workplace barrier the individual is experiencing; the individual’s limitation related to pregnancy, childbirth, or a related medical condition; and the proposed accommodation. There are no rigid steps that must be followed.
b. On receiving a request for reasonable accommodation, PERT/OAA/DRAD should explain to the individual that PERT/OAA/DRAD will be making the decision on the request in consultation with other Department of State employees as needed, including, but not limited to the Bureau of Medical Services (MED); the Office of the Legal Adviser (L); and the employee’s bureau and/or post; and will describe what will happen in the processing of the request. PERT/OAA/DRAD will communicate early in the interactive process, and periodically throughout the process, with individuals who have requested an accommodation.
c. Employees can track the progress of their request via the PERT Next case management system. Applicants and employees who are unable to use PERT Next may track the progress of their request by contacting PERT/OAA/DRAD at OAA@state.gov.
d. PERT/OAA/DRAD, in consultation with MED and L, as appropriate, will determine whether an individual has a limitation within the meaning of the Pregnant Workers Fairness Act. PERT/OAA/DRAD may request medical documentation in accordance with 3 FAH-1 H-3681. An employee’s or applicant’s (or their representative’s) failure to respond to requests for documentation identified as necessary in order to consider a request for reasonable accommodation, or to cooperate in the Department’s efforts to obtain such documentation, may result in a denial of a reasonable accommodation request.
e. PERT/OAA/DRAD, in consultation with the supervisor and other offices as appropriate, will determine whether the individual is a qualified individual.
f. PERT/OAA/DRAD will identify possible accommodations, in consultation with the individual requesting the accommodation, the supervisor, and other Department offices, as appropriate.
g. The individual requesting the accommodation must help, to the extent possible, to identify an effective accommodation. While the individual does not have to be able to specify the precise accommodation needed, they do need to describe the problems posed by the workplace barrier(s).
3 FAM 3683.5 Extenuating Circumstances
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The following non-exhaustive list provides examples of extenuating circumstances that may lengthen the time needed to make a decision about and/or provide a reasonable accommodation:
(1) There is an outstanding initial or follow-up request for medical information, or the Bureau of Medical Services Occupational Health Division of Domestic Programs (MED/CP/OHW/DP) is evaluating medical information which has been provided;
(2) The purchase of equipment takes longer than anticipated due to delays by the vendor, nonavailability of equipment, requirements of Department regulations (e.g., the requirement for randomized procurement), or travel/shipping delays;
(3) The individual needs to use the equipment on a trial basis to ensure it is effective before a purchase decision can be made;
(4) An accommodation involves the removal of architectural barriers; and
(5) The requested accommodation raises security concerns and the Bureau of Diplomatic Security needs time to evaluate the request or consider other accommodation options.
b. Where extenuating circumstances exist, PERT/OAA/DRAD should notify the individual of the reason for the delay and an approximate date when a decision or provision of the reasonable accommodation is expected.
3 FAM 3683.6 Providing Interim Relief Measures
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. When all the facts and circumstances known to PERT/OAA/DRAD make it reasonably likely that the individual will be entitled to an accommodation, PERT/OAA/DRAD may provide the individual with an interim reasonable accommodation, including an alternative to the requested relief. An interim reasonable accommodation may be used while the interactive process is ongoing, while the employee is waiting for a decision on their reasonable accommodation request, or when there is a delay in providing the reasonable accommodation.
b. If an interim relief measure is appropriate, PERT/OAA/DRAD will work with the individual’s supervisory chain of command to ensure that temporary measures are provided to the individual. The individual will be notified that accommodations are only being provided on an interim basis, while awaiting either the provision of reasonable accommodation or a decision on whether the accommodation request will be granted.
3 FAM 3683.7 Notification of Decision
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. PERT/OAA/DRAD will inform the individual requesting an accommodation, or their representative, in writing, whether the requested accommodation will be granted; whether an alternative accommodation will be provided; or that the request is denied.
b. If PERT/OAA/DRAD grants the requested accommodation or an effective alternative accommodation, written notice will be provided of the decision, in an accessible format when requested, and will state what the accommodation is, when it will be provided, and the duration of the approval, when appropriate.
c. If PERT/OAA/DRAD denies the requested accommodation, the written notice will be provided at the time of denial, in an accessible format when requested, and will include the reason for denial.
3 FAM 3684 DENIAL OF requests for reasonable accomModation
(CT:PER-1239; 08-27-2025)
3 FAM 3684.1 Grounds for Denial
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The following grounds for denial is a non-exhaustive list of reasons why PERT/OAA/DRAD may deny a request for reasonable accommodation:
(1) The employee or applicant is not a qualified individual. For example, they are permanently unable to perform one or more essential functions of their job or are only temporarily unable to perform an essential function of their job but cannot perform such function in the near future;
(2) The reasonable accommodation is requested based upon a physical or mental condition that is not related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition;
(3) The reasonable accommodation is requested based upon the condition of a partner, spouse, or family member. The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations only when an applicant or employee has a physical or mental condition related to, affected by, or arising out of their own pregnancy, childbirth, or related medical conditions;
(4) The reasonable accommodation requested is not needed due to the known limitation. There must be a nexus between the limitation and the requested reasonable accommodation;
(5) The reasonable accommodation is requested for the purpose of bonding or childcare. The purpose of the Pregnant Workers Fairness Act is to deter and remedy discrimination in the hiring, retention, and promotion of individuals who experience pregnancy, childbirth, and related medical conditions. Its purpose is not to help employees achieve a more desirable balance between family and work commitments;
(6) The requested accommodation would constitute an undue hardship for the Department. Even if a requested accommodation would be effective, it generally can be denied if granting the request would constitute an undue hardship for the Department. The Under Secretary for Management or designee must approve undue hardship determinations; or
(7) Granting the requested accommodation would violate other laws, regulations, or collective bargaining agreements. The Department may not be required to grant a reasonable accommodation if it would violate Federal laws, regulations, or collective bargaining agreements.
3 FAM 3684.2 Reconsideration of a Reasonable Accommodation Denial
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
An individual whose request for reasonable accommodation is denied may seek reconsideration of their request by submitting a request in writing to the PERT/OAA/DRAD chief within 10 business days of receipt of the written decision denying a reasonable accommodation. A request for reconsideration must be accompanied by an explanation of the basis for the request and any documentation the individual wishes to submit in support of the request that the individual has not previously submitted to PERT/OAA/DRAD.
3 FAM 3685 Relation of Reasonable Accommodation Policy to Procedures for Statutes, Regulations, and Collective Bargaining
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The policy set forth in this subchapter is in addition to statutory, regulatory, and/or collective bargaining protections and remedies for individuals experiencing pregnancy, childbirth, or related medical conditions, and the remedies they provide for the denial of requests for reasonable accommodation.
b. Making a request for reasonable accommodation under this subchapter does not initiate a claim under other procedures and does not affect the time frames for filing such claims.
c. An individual who chooses to pursue statutory or collective bargaining remedies for denial of reasonable accommodation must:
(1) For an EEO complaint: Contact a Department EEO Counselor or the Office of Civil Rights (S/OCR) within 45 calendar days of the date of receipt of the written notice of denial of the request for reasonable accommodation. A formal denial need not be issued to file an EEO complaint alleging that the Department has failed to provide a reasonable accommodation;
(2) For a collective bargaining claim: File a written grievance in accordance with the provisions of the appropriate Collective Bargaining Agreement;
(3) For a claim before the Foreign Service Grievance Board: Follow the processes enumerated in 3 FAM 4400, 22 CFR 901; and
NOTE: Under Section 1109(b) of the Foreign Service Act, an employee may file a grievance or a Formal EEO complaint alleging employment discrimination, but not both. Filing one forever precludes filing another. The time limit for filing a grievance alleging discrimination is 180 days; and
(4) For an appealable adverse action as defined in 5 CFR 1201.3: Initiate an appeal to the Merit Systems Protection Board within 30 days of the adverse action.
3 FAM 3686 Special Procedures for Certain Types of Reasonable Accommodation Requests
(CT:PER-1239; 08-27-2025)
3 FAM 3686.1 Leave as a Reasonable Accommodation
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Leave as a reasonable accommodation includes the ability to use accrued paid leave or unpaid leave. Leave can be requested as a reasonable accommodation due to a known limitation and includes leave for health care, treatment for, and recovery from pregnancy, childbirth, and related medical conditions.
b. An employee is not required to take leave if, absent undue hardship, another reasonable accommodation can be provided.
c. If an employee requests time off of work due to a limitation that might qualify for a reasonable accommodation under the Pregnant Workers Fairness Act and amounts to a serious medical condition under the Family and Medical Leave Act (FMLA) (see 3 FAM 3530), the Department generally will consider the request for time off as both a request for reasonable accommodation and as a request for FMLA leave. A supervisor receiving such a request should ensure that materials concerning FMLA rights have been made available to the individual in accordance with 29 CFR 825.300 and 3 FAM 3530.
d. If an employee requests leave under the FMLA for a serious health condition, the employee must fill out the medical questionnaire for FMLA leave, Form WH-0380-E, Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act), or submit other documentation that meets the definition of medical certification under 5 CFR 630.1208. A supervisor is not violating the Pregnant Workers Fairness Act by asking for the information in the FMLA certification form if the individual is invoking rights under the FMLA.
3 FAM 3686.2 Requests Relating to Lactation
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The Department’s policy implementing section 4207 of the Patient Protection and Affordable Care Act, Public Law 111-148, amended, and the Fair Labor Standards Act of 1938, is set forth in 3 FAM 3860. Pursuant to that policy, the Department provides covered employees with a reasonable break time to express breast milk for the employee’s nursing child for 1 year after the child’s birth and a private space to express breast milk. For additional details regarding that policy, please see 3 FAM 3861.1.
b. Nothing in the Pregnant Workers Fairness Act invalidates or limits the powers, remedies, and procedures under other Federal laws that provide greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions, and vice versa. Thus, any request for breaks to express breast milk and/or a space to express breast milk will be reviewed under both the policy set forth in 3 FAM 3860 and in this section.
3 FAM 3686.3 Requests for Parking
(CT:PER-1239; 08-27-2025)
(State Only) CT:PER-1239; 08-27-2025
(Applies to Foreign Service and Civil Service Employees)
a. In cases of requests for accessible parking at Department of State Metropolitan Washington, DC buildings and facilities, based upon a permanent limitation, PERT/OAA/DRAD works with the Office of General Services Management, Office of Domestic Operations & Emergency Services (A/DOES/ES/GSM) in responding to such requests. (See 6 FAM 1040, 6 FAM 1044.1, and 6 FAM 1045.2). Employees with a temporary limitation must petition their bureau executive office for issuance of an individual parking permit from the bureau’s parking allotment.
b. In cases of requests for accessible parking at other domestic facilities, including training locations, the recipient of such a request should forward it to PERT/OAA/DRAD along with a statement of the facility’s ability or inability to grant the request and any proposed alternatives.
c. In cases of requests for accessible parking at overseas posts, the recipient of such a request should forward it to PERT/OAA/DRAD along with a copy of post’s published policy and procedures on assignment of parking spaces, a statement of the facility’s ability or inability to grant the request, and any proposed alternatives.
3 FAM 3687 prohibition against reprisal for making a request for reasonable accommodation
(CT:PER-1239; 08-27-2025)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Department of State prohibits reprisal against an individual because they have made a request for reasonable accommodation. See also 2 FAM 1550, EEO Retaliation/Reprisal.
3 FAM 3688 through 3689 unassigned
(CT:PER-1239; 08-27-2025)