Requires law enforcement agencies to adopt pregnancy policy for law enforcement officers.

A4197

ASSEMBLY, No. 4197

STATE OF NEW JERSEY

222nd LEGISLATURE

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INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

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Requires law enforcement agencies to adopt pregnancy
policy for law enforcement officers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning a pregnancy policy for law enforcement
officers and supplementing Title 52 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� Every State, county,
and municipal law enforcement agency shall establish a pregnancy policy for law
enforcement officers that is consistent with the provisions of this section.�
The policy shall apply to all female law enforcement officers who have successfully
met entry level probation requirements.�

���� b.��� A law enforcement
officer who becomes pregnant shall, upon confirmation of pregnancy and decision
to continue the pregnancy, notify the officer�s immediate supervisor, who shall
notify the chief law enforcement executive through the chain of command.� The
law enforcement officer shall provide written documentation from a medical
practitioner, including the anticipated due date, if possible.�

���� c.���� (1)� Upon notification
of a pregnancy, a law enforcement officer shall be permitted to continue to
work in the officer�s usual full-duty status until the officer and the
officer�s physician deem it in the best interest of the officer and the baby to
do otherwise.� Except as provided in paragraph (3) of this subsection and
subsection g. of this section, the law enforcement agency shall not require an
officer to accept a maternity duty assignment pursuant to subsection d. of this
section or to take leave, absent a compelling medical or public safety reason.

���� (2)�� The law enforcement
agency shall make every reasonable effort to avoid assigning full-duty pregnant
officers to units in which the work involves the likelihood of encountering
toxic chemicals or suffering physical harm.

���� (3)�� Notwithstanding the
provisions of this subsection, if, as the pregnancy progresses, it becomes
necessary for the law enforcement agency to reevaluate the officer�s continuing
ability to safely and effectively perform the essential functions of the officer�s
position, the law enforcement agency may consider whether the pregnancy creates
an undue safety risk to the officer, co-workers, or the public.� In making this
determination, the law enforcement agency may consult with the law enforcement
agency�s physician and the officer�s physician.� If the law enforcement agency
determines that the officer�s condition unreasonably interferes with her
ability to perform in a full-duty capacity, the law enforcement agency may
reassign the officer to maternity duty pursuant to subsection d. of this
section.� Except as provided in subsection g. of this section and absent a
compelling medical or public safety reason, the officer shall not be required
to take leave.

���� d.��� (1)� During a pregnancy,
upon written recommendation of a physician, a law enforcement officer may
request a temporary reassignment to alternative duty, to be known as maternity
duty.� Absent specific medical considerations, officers assigned to maternity
duty shall continue in full-time working status; however consideration may be
given for part-time assignments for officers whose medical condition warrants
this accommodation.

���� (2)�� Maternity duty may
consist of, but is not limited to, the following:

���� (a)� nonhazardous assignments;

���� (b)� writing police reports;

���� (c)� operating a police radio;

���� (d)� interviewing persons;

���� (e)� clerical functions; or

���� (f)� investigative functions
that do not put the officer at risk of being harmed.

���� (3) Maternity duty assignments
shall not involve:

���� (a)� alternating shift work;

���� (b)� defensive tactics or
defensive tactics training;

���� (c)� firearms training, except
simulated training;

���� (d)� patrol duties;

���� (e)� extensive exposure to
automobile exhaust fumes;

���� (f)� standing for more than 30
minute intervals;

���� (g)� lifting more than 25
pounds;

���� (h)�� exposure to high
concentrations of toxins, chemicals, or infectious agents, or controlled
dangerous substances;

���� (i) any contact with inmates,
except in an emergency situation; or

���� (j) any other work that
involves a high likelihood of suffering harm.

���� The law enforcement agency
also shall consider any specific restrictions identified by the officer�s
physician.� Temporary reassignment of an officer to maternity duty shall be
made consistent with the operational needs of the law enforcement agency.

���� (4)� Except as provided in
subsection f. of this section, a law enforcement officer working in a maternity
duty status may retain possession of a firearm issued by a law enforcement
agency.

���� e.���� (1)� A law enforcement
officer who is pregnant and on full-duty status may modify the officer�s
uniform to accommodate the pregnancy by purchasing maternity trousers and
shirts through the law enforcement agency�s uniform supplier.�

���� (2)�� A law enforcement
officer who is pregnant and on full-duty status shall not be exempt from
wearing body armor when engaged in field activities or from wearing the
officer�s regulation duty belt or service weapon.�

���� A law enforcement officer who
is pregnant and on maternity duty shall be exempt from wearing body armor and
the officer�s regulation duty belt, however the officer shall carry her duty
sidearm in the off- duty holster issued by the law enforcement agency or an
alternate holster approved by the law enforcement agency.

���� (3)�� Any cost associated with
the purchase of uniform maternity trousers and shirts through the uniform
supplier or modifying the body armor shall be the responsibility of the
officer, unless otherwise provided for in the law enforcement agency�s collective
bargaining agreement.

���� (4)�� When the pregnancy
progresses to the point that wearing a uniform is not feasible, the chief of
police may permit the officer to wear plain clothes if the officer is assigned
to maternity duty.

���� When the pregnancy progresses
to the point where wearing a sidearm is not feasible, the chief of police may
permit an exemption.

���� f.���� (1)� A law enforcement
officer who is pregnant shall be exempt from the mandatory handgun
qualification requirements until the officer is certified for full-duty status,
at which time the officer shall be scheduled for a handgun qualification by the
supervising firearms instructor.�

���� (2)�� If the law enforcement
officer is beyond the mandatory handgun qualification period, the officer shall
be required to surrender the officer�s department-issued sidearm to the
supervising firearms instructor, who shall provide notification of this requirement
to the officer, and shall be prohibited from wearing an off-duty firearm until
the officer has been re-qualified by the supervising firearms instructor.

���� g.��� (1) Any evaluation made
by the law enforcement agency�s physician shall be limited to a review of the
officer�s medical records, which shall be provided by the officer, and
consultation with the officer and the officer�s physician.� The law enforcement
agency�s physician shall not routinely examine the officer for
pregnancy-related matters.� If the medical records provided by the officer are
insufficient to make a determination regarding the officer�s assignment, the
physician may recommend that the officer be examined by an obstetrician
gynecologist.

���� (2)� A law enforcement officer
who is pregnant shall be permitted to work as long as the officer is able to
perform the duties of her job and shall not be subjected to special procedures
to determine the officer�s ability to work.

���� If the officer becomes unable
to perform the functions of her maternity duty assignment, the law enforcement
agency may require the officer to take leave in compliance with the Family and
Medical Leave Act and any other applicable law.

���� If an officer has been
temporarily absent from work as a result of a pregnancy-related condition and
she recovers, she shall not be required to remain on leave until the officer
gives birth.

���� h.��� (1)� When an officer,
who has been on an extended absence of 30 calendar days or longer due to
pregnancy, plans to return to duty, the officer shall:

���� (a)�� request to meet with the
officer�s commanding officer immediately upon returning to work;

���� (b)�� provide documentation of
medical fitness for duty, subject to review by the law enforcement agency�s
medical advisor;

���� (c)�� assist the officer�s
commanding officer in identifying her individual needs, which may include
accommodations for lactation; and

���� (d)�� accomplish all
reintegration tasks as directed by the commanding officer.

���� (2)�� When a law enforcement
officer returns to duty after an extended absence of 30 calendar days or longer
due to pregnancy, the officer�s commanding officer shall meet with the officer
and conduct a reintegration interview.� A reorientation program shall be
developed for each individual employee taking into consideration the unique
circumstances of that officer.

���� 2.��� This act shall take
effect on the first day of the fourth month after enactment.

STATEMENT

���� This bill requires law
enforcement agencies to adopt a pregnancy policy for law enforcement officers.

���� Under the provisions of this
bill, every State, county, and municipal law enforcement agency is required to
adopt a pregnancy policy consistent with the provisions of this bill.� The
policy is to apply to all female law enforcement officers who have successfully
met entry level probation requirements.�

���� Under the bill, a law
enforcement officer who becomes pregnant is required, upon confirmation of
pregnancy and the decision to continue the pregnancy, to notify the officer�s
immediate supervisor, who is then required to notify the chief law enforcement executive
through the chain of command.�

���� The bill also provides that
upon notification of pregnancy, a law enforcement officer is to be permitted to
continue to work in the officer�s usual, full-duty assignment until the officer
and the officer�s physician deem it in the best interest of the officer and the
baby to do otherwise.� Except as provided for under the bill, the law
enforcement agency is not to require an officer to accept a maternity duty
assignment or take leave absent a compelling medical or public safety reason.

���� However, the bill provides
that if, as the pregnancy progresses, it becomes necessary for the law
enforcement agency to reevaluate the officer�s continuing ability to safely and
effectively perform the essential functions of the officer�s position, the law
enforcement agency may consider whether the pregnancy creates an undue safety
risk to the officer, co-workers, or the public.� If the law enforcement agency
determines that the officer�s condition unreasonably interferes with her
ability to perform in a full-duty capacity, the law enforcement agency may
reassign the officer to maternity duty as defined under the bill.� Except as
provided for under the bill and absent a compelling medical or public safety
reason, the officer is not to be required to take leave.

���� The bill also provides that
during a pregnancy, upon written recommendation of a physician, a law
enforcement officer may request a temporary reassignment to maternity duty.�
Maternity duty may consist of, but is not limited to: nonhazardous assignments,
writing police reports, operating a police radio, interviewing persons,
clerical functions, or investigative functions that do not put the officer at
risk of being harmed.� Maternity duty assignments are not to include:
alternating shift work; defensive tactics or defensive tactics training;
firearms training, except simulated training; patrol duties; extensive exposure
to automobile exhaust fumes; standing for more than 30 minute intervals;
lifting more than 25 pounds; exposure to high concentrations of toxins,
chemicals, or infectious agents or controlled dangerous substances; any contact
with inmates, except in an emergency situation; or any other work that involves
a high likelihood of suffering physical harm.

���� In addition, the bill sets
forth permissible uniform modifications for law enforcement officers who are
pregnant.� Further, the bill provides that law enforcement officers who are
pregnant are exempt from the mandatory handgun qualification requirements until
the officer is certified for full-duty status.� If the officer is beyond the
mandatory handgun qualification period, the officer is to be required to
surrender the officer�s department-issued sidearm and is prohibited from
wearing an off-duty firearm until the officer has re-qualified.

���� In addition, the bill provides
that any evaluation made by the law enforcement agency�s physician is to be
limited to a review of the officer�s medical records and consultation with the
officer and the officer�s physician.� The law enforcement agency�s physician is
not to routinely examine the officer for pregnancy-related matters.� Under the
bill, a law enforcement officer is to be permitted to work as long as the
officer is able to perform the duties of her job and is not to be subjected to
special procedures to determine the officer�s ability to work.� The bill
provides that if the officer becomes unable to perform the functions of her
maternity duty assignment, the law enforcement agency may require the officer
to take leave in compliance with the Family and Medical Leave act and any other
applicable law.

���� Finally, the bill provides for
certain procedures when an officer returns to duty after maternity leave,
including meeting with the officer�s commanding officer, providing
documentation of medical fitness for duty, assisting the officer�s commanding
officer in identifying her individual needs, which may include accommodations
for lactation, and accomplishing all reintegration tasks as directed by the
commanding officer.� The bill also requires the officer�s commanding officer to
conduct a reintegration interview and develop a reorientation program for each
officer.