Disclaimer: This article is provided for informational purposes only and should not be considered legal advice. For guidance on specific legal matters, please consult a qualified attorney.
By Julia Clasby
It’s 7 p.m. on a Tuesday. My phone is on the charger, and my husband just announced dinner and poured us a glass of wine. The kids are glued to the TV and don’t seem to care. We decide to savor the rare quiet moment together. But as we sit down, a text chime breaks the calm. It might be my mom or a neighbor — but likely, it’s work.
Reluctantly, I check the phone and see it’s a patrol officer, unexpectedly reaching out. “Hi, Lt. Sorry to bother you. Are you clear 10-35?” That code means confidential info, and it’s never good news outside of work hours. Even though I’ve moved on from Internal Affairs, that familiar anxiety hits. I reply, “Never a bother. Of course.” My stomach knots as I watch those dots pulse. Then comes the response: “I got some exciting news! Can my wife reach out? She has questions for you.” I relax, guessing she’s pregnant and wants to talk about working on patrol while expecting.
Almost immediately, the phone starts ringing. I answer the call and spend the next 57 minutes congratulating, reassuring, educating, sharing and empowering a sister in blue. As I offer words of encouragement to the newest member of our small but mighty club, I catch myself repeating verbatim what another female lieutenant told me a decade ago. I had just found out I was six weeks pregnant, barely a month into field training at a new agency. I called the only female officer I knew with kids and asked her what to expect. She calmed my fears, answered my questions, and gave me one piece of advice: “When you tell them you are pregnant, don’t apologize.”
Back then, my own pregnancy news was shadowed by fear of what my department would think and concern for my career. Now, as a mother of three with 16 years in the job, I’m determined to help other female officers avoid that anxiety. In 2022, when I couldn’t find resources to support mother cops, I decided to create them, speaking and writing to support fellow officers and educate command staff on how to advocate for them. Over the past two years of writing and speaking on this topic, one question has consistently emerged during the Q&A portion of my presentations: How do I get my all-male command staff to understand and support my rights as a pregnant officer?
This question came up again at the California Women Leaders in Law Enforcement (WLLE) conference and the International Association of Women Police (IAWP) conference this past month. It made me realize that this isn’t just a local issue — it’s a national one. That’s why I’ve created this blueprint for command staff to follow when one of their female officers discloses her pregnancy.
The letter of the law
Pregnant officers, like all employees, are entitled to protections and rights under both state and federal law. It’s essential to check your state laws, as specific rights and accommodations may vary, ensuring you receive the support you’re entitled to during your pregnancy.
FEDERAL RIGHTS UNDER FEDERAL LAW
Pregnancy Discrimination Act (PDA) of 1978: This law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as others with similar abilities or limitations.
Family and Medical Leave Act (FMLA): FMLA allows up to 12 weeks of unpaid, job-protected leave for childbirth and care of a newborn. To qualify:
- The officer must have worked for the employer for at least 12 months.
- The officer must have worked at least 1,250 hours in those 12 months.
- The police department must have 50 or more employees within a 75-mile radius.
Americans with Disabilities Act (ADA): If a pregnancy causes complications that affect an officer’s ability to work, she may qualify for reasonable accommodations, unless it places an undue burden on the employer.
PUMP for Nursing Mothers Act (2022): Employers must provide reasonable break times and a private space, other than a bathroom, for an officer to pump breast milk for up to one year after childbirth.
OTHER PROTECTIONS
Worker’s compensation: If a pregnant officer is injured on duty or if her pregnancy-related condition is exacerbated by her work duties, she may be eligible for workers’ compensation benefits.
These rights are designed to protect pregnant officers from discrimination, provide reasonable accommodations, and ensure their job security while allowing time for childbirth and recovery.
Common questions
Can a police department force a pregnant officer into light duty?
No. A pregnant officer cannot be forced into light duty unless her medical condition requires it, and she consents, or if she voluntarily requests it. Federal law protects against forced job reassignments and discrimination based on pregnancy.
Federal law (PDA, ADA):
- Employers cannot force a pregnant officer into light duty or any other modified assignment unless it is a standard practice for all employees with temporary conditions or disabilities.
- Whether an officer moves to light duty depends on whether she can perform her duties without risk to her health or pregnancy.
Mother cop perspective:
- A pregnant officer may resist leaving patrol for light duty, fearing it could harm her career progression, professional identity, or how others perceive her capabilities. She may also worry that light duty could limit her chances for key assignments or advancement.
- A pregnant officer may want to stay in patrol to maintain camaraderie with her team, because of a strong personal commitment to her patrol duties, or simply because she wants to continue doing the job she enjoys and excels at for as long as possible.
- A pregnant officer might hesitate to immediately disclose her pregnancy, worried about being put on light duty, only to suffer a miscarriage and face the emotional difficulty of returning to patrol with everyone knowing about her loss.
When an officer requests a modified or light duty assignment during pregnancy, can she choose her assignment?
No. The department usually decides the assignment based on operational needs and available positions, as long as the assignment is reasonable and accommodates the officer’s medical restrictions.
Federal law (PDA):
- Pregnant officers must be treated the same as other employees who are temporarily unable to perform their normal duties. If light duty is offered to officers recovering from injuries or other medical conditions, the same must be offered to pregnant officers.
Mother cop perspective:
- A pregnant officer may request a specific light duty assignment that better aligns with her skills, allows for continued professional development and ensures she still feels like a valued, contributing member of the department while managing her medical needs.
- A pregnant officer might request a light duty assignment without face-to-face interaction with the public to minimize exposure to potentially dangerous situations and reduce stress during pregnancy.
- Departments that assign pregnant officers to light duty roles in investigative or administrative units support the officer by enabling her to contribute meaningfully while gaining new expertise and benefit the agency by filling gaps in under-resourced units, improving overall efficiency and effectiveness.
Are pregnant officers required to qualify at the range?
Not always. While a pregnant officer may still be required to qualify at the range, this decision typically depends on department policies and medical guidance, and officers may request exemptions based on health concerns.
Federal law (PDA, ADA):
- Pregnant officers must be treated the same as other employees with temporary medical conditions. If officers with medical conditions are provided reasonable accommodations, such as modified duties, the same must be extended to pregnant officers. This may include exemptions from firearms qualification if it poses health risks.
Mother cop perspective:
- The dangers of qualifying at the range during pregnancy include exposure to loud gunfire noise, which may harm the developing baby’s hearing, lead exposure from ammunition and physical strain. Many pregnant officers may prefer to avoid these risks and request alternative assignments.
- Some police departments offer non-lead or “lead-free” ammunition for qualifying at the range, particularly for pregnant officers or officers with health concerns about lead exposure.
Does an officer have to return to full duty and/or patrol immediately after maternity leave?
No. The officer can return to light duty after maternity leave if the officer’s medical needs require it and it is supported by medical documentation.
Legal protections (FMLA, PDL, FEHA):
- The officer is entitled to return to the same or an equivalent position in terms of pay, benefits, and working conditions. If she still has medical restrictions after maternity leave, the department must offer further accommodations, such as light duty.
- If the officer has a medical condition related to her pregnancy or childbirth, she may request additional time off or a light-duty assignment after maternity leave.
- If the officer has a doctor’s note recommending light duty due to physical limitations, the department must reasonably accommodate her unless it would cause significant hardship.
Mother cop perspective:
- Even after 12 weeks of recovery, returning to full patrol duties can be physically and emotionally demanding for new mothers. The need to wear heavy gear, respond to emergencies and work long shifts can exacerbate postpartum challenges such as fatigue, muscle weakness, nursing/pumping schedules, rapid weight fluctuations, or recovery from a cesarean section.
- The stress of naturally gaining weight during pregnancy, followed by the pressure to lose 20-40 pounds in less than 12 weeks just to fit back into a patrol uniform instead of having to buy a new one, can be overwhelming for an officer balancing recovery and return to full duty.
- Departments that offer gradual transitions back into full duty — like light duty or phased returns — can support new mothers as they regain strength and adjust to motherhood.
Are nursing or pumping considered medical reasons for light duty?
No. Nursing does not automatically require light duty, but employers must provide accommodations for breaks and private spaces.
Federal law (PUMP, ADA):
- Employers must provide time and private space for lactation. If the officer develops a medical condition related to breastfeeding, she may qualify for reasonable accommodations, including temporary modifications to her duties.
Mother cop perspective:
- Pumping on duty is challenging due to the lack of private spaces, unpredictable shift schedules and the urgent nature of patrol work, making it hard to stick to a pumping schedule.
- A nursing mother on a 12-hour shift usually needs to pump every 2-3 hours to maintain her milk supply, resulting in 4-5 pumping sessions per shift, depending on her and the baby’s feeding schedule.
Is the police department required to provide maternity uniforms?
While there is no specific law mandating maternity uniforms, they are considered a reasonable accommodation under federal and state law.
Federal law (PDA):
- If the police department provides modified or specialized uniforms for injured or disabled officers, they must do the same for pregnant officers.
Mother cop perspective:
- A maternity uniform is crucial for a pregnant officer’s comfort, mobility and safety on duty. Without one, ill-fitting gear can limit her movement, increase discomfort and jeopardize her ability to perform key tasks while on patrol or light duty.
Can a police department bypass a pregnant officer for promotion or special assignment due to pregnancy or maternity leave?
No. It is considered unlawful discrimination under both federal and state law for pregnancy or maternity leave to be a factor in denying promotion or special assignments.
Federal law (PDA, FMLA):
- Pregnancy or impending maternity leave cannot be a factor in employment decisions, including promotions. FMLA protects job status and ensures equal consideration for promotion, even if the officer is on maternity leave.
Mother cop perspective:
- There’s a damaging misconception in law enforcement that a pregnant officer or new mother won’t be able to meet the demands of a higher rank or assignment due to her pregnancy or maternity leave. This unfair bias disregards her qualifications, experience and abilities, effectively discriminating against her and violating her right to equal career opportunities and advancement.
What are the rights of a father or a non-gestational female partner of a pregnant officer?
Federal laws offer protections for family leave and job security.
Federal law (FMLA, ADA):
- Fathers and non-gestational female partners are entitled to up to 12 weeks of unpaid, job-protected leave for the birth of a child, to bond with the newborn, and to care for a spouse or partner after childbirth. Leave can be taken all at once or intermittently.
Mother cop perspective:
- A new mother needs her spouse or partner to take parental leave after childbirth to provide essential support during her physical recovery, help care for the baby and assist with household responsibilities, especially if she needs to return to work while managing her postpartum recovery.
- A new father or non-gestational female partner needs parental leave to bond with their newborn, play an active role in early parenting, and support the mother through her physical recovery and postpartum challenges, fostering a strong family dynamic from the start.
What are the rights of officers undergoing In Vitro Fertilization (IVF)?
Officers undergoing IVF are entitled to workplace accommodations and anti-discrimination protections under federal and state laws.
Federal and state protections:
- Both the PDA and FEHA protect against discrimination based on “reproductive health decisions,” including fertility treatments. Employers must provide reasonable accommodations such as flexible scheduling, time off for medical appointments, or temporary modified duties.
Leave rights:
- FMLA covers time needed for medical procedures related to fertility treatments, recovery from those procedures and any medical complications that may arise during the treatment. CFRA allows police officers to take up to 12 weeks of unpaid, job-protected leave for medical treatment, including fertility treatments.
Mother cop perspective:
- IVF fertility treatments are highly stressful, often requiring multiple rounds to achieve success, and can be extremely expensive, with costs frequently reaching tens of thousands of dollars per cycle.
- IVF treatments require careful coordination of daily hormone injections, frequent medical appointments for monitoring, and precisely timed procedures, all of which are challenging to manage alongside the demands of a full-time patrol schedule.
What rights do officers have after experiencing a miscarriage?
Officers who experience a miscarriage have access to medical leave and may qualify for bereavement leave.
Medical leave:
- FMLA and CFRA provide up to 12 weeks of unpaid leave for recovery from a miscarriage. PDL offers up to 4 months of job-protected leave for pregnancy-related conditions, including miscarriage recovery.
Reasonable accommodations (FEHA):
- Officers who experience physical or emotional complications following a miscarriage are entitled to reasonable accommodations such as temporary modifications to their duties or schedule.
Emotional support and counseling:
- Employee Assistance Programs (EAPs) offer emotional support, counseling, or referrals to mental health professionals to help officers navigate the emotional and physical challenges of a miscarriage.
Mother cop perspective:
- Women often wait until the second trimester (around the 13th week) to disclose their pregnancy due to the higher risk of miscarriage in the early weeks and a desire for more certainty before sharing the news, with their direct supervisor often being one of the first people they tell after immediate family and friends.
- Research suggests that police officers may face a higher risk of miscarriage compared to women in other professions due to the physical demands, high levels of stress, shift work, exposure to potentially harmful environments and the nature of the job, which can involve unpredictable and dangerous situations.
- Experiencing a miscarriage often involves urgent medical care, physical recovery, possible surgical interventions and significant emotional processing. Officers need time off work, follow-up appointments and a supportive workplace to manage the physical and emotional toll of this type of loss.
Spirit of the law
On day one of the police academy we learn about Penal Code 4: “Spirit of the Law” vs. “Letter of the Law.” The “letter of the law” refers to the strict, literal interpretation of the text, while the “spirit of the law” considers the broader purpose and intent, focusing on the justice it seeks to achieve.
I’ve provided a blueprint for the letter of the law, but it’s equally important to consider the spirit. These laws are rooted in fairness, equality, non-discrimination, and protection of health and wellbeing. They ensure pregnant officers are treated with respect and dignity, recognizing the unique physical and medical needs that pregnancy brings. Here are the key elements that embody the spirit of these laws:
- Protection from discrimination: The primary goal is to ensure pregnancy does not become a barrier to equal treatment or career advancement. Laws like PDA and FEHA protect pregnant officers from discrimination, whether it’s being passed over for promotions, forced into unwanted assignments, or penalized for requesting accommodations.
- Health and safety: Laws like PDL and FEHA prioritize the health and safety of pregnant officers by requiring reasonable accommodations such as modified duties, protective uniforms, or adequate time for medical care and breaks for health needs.
- Job security: Pregnant officers should not fear losing their jobs, being demoted, or facing retaliation because of their pregnancy or maternity leave. Laws like FMLA and CFRA ensure officers can take time off for childbirth and recovery, with the security of knowing their job is protected.
- Flexibility and accommodations: The laws aim to allow pregnant officers to continue working in ways that accommodate their health. This might include light duty, flexible schedules, or breaks for pumping. Laws such as the PUMP Act ensure officers receive necessary accommodations without being forced into unsafe conditions.
- Equal opportunities for advancement: Pregnancy should never hinder an officer’s career growth or access to promotions. The PDA guarantees that pregnant officers are not overlooked for promotions or assignments due to their pregnancy or plans for maternity leave.
- Fairness and justice: These laws strive for fairness in every aspect of employment, from assignments to uniform provisions, ensuring that pregnant officers have access to the same benefits and opportunities as their peers.
- Supportive work environment: These laws encourage a supportive workplace culture for pregnant officers, recognizing the need to balance career and family. Police departments are encouraged to implement policies that offer flexibility and understanding to help officers manage pregnancy, childbirth, and their careers.
Ultimately, the spirit of these laws is about promoting fairness, safety and support for pregnant officers. These protections enable officers to thrive professionally while prioritizing their health, creating a workplace where they can succeed without facing undue hardships.
Ten-Thirty-Five
This morning, I ran into some fellow patrol officers at a training conference. After a brief hello, all but one found somewhere else to be during the 10-minute break — perhaps to avoid an awkward conversation with their lieutenant. The one who stayed is the proud “girl dad” of an adorable two-year-old, who often receives hand-me-down clothing courtesy of my two girls. We chatted for a minute about work and then he reminded me of a conversation we had months ago about the pros and cons of having more kids. Before I could confirm my memory of that interaction, he blurted out, “My wife is pregnant!” I cheered for them and gave him a hug.
As we talked about future doctor visits and the bedtime routine challenges of RV camping with a toddler and newborn (which could be an entire article on its own), I couldn’t help but think about the phone call I’d received the week before from the female officer. Her experience discovering that + sign was so different than his wife’s. How nice it is when your biggest concerns are future bedtime routines on camping trips, rather than wondering if you could be fired, passed up for promotion, or forced to take unpaid maternity leave.
In that moment, I felt deeply humbled and grateful for the trust both officers had placed in me with this most 10-35 news. To me, it reflects how inclusive and normalized parenthood can become within our industry if we make the effort to acknowledge, accommodate and advocate for other parents. What once felt uncertain and isolating for me now feels like an incredible opportunity to support other moms. As a female police executive, I now see it as part of my job title to validate, champion and empower my sisters in blue.
And now, it’s another Tuesday night. My husband is finishing dinner as I pull into the driveway with three tired, sweaty, but happy kids in tow. We’ve wrapped up a day of school, work, and then my eldest daughter’s basketball practice, where I got to coach 10 third and fourth grade girls - plus any younger siblings who tagged along, including my own. As the kids race into the house, I greet my husband and excitedly share the latest 10-35 news. (Don’t worry, he’s a vault when it comes to confidential information, and by the time I finish writing this, he’ll have likely forgotten the details anyway.)
In 2014, when I found out I was pregnant for the first time, I was immediately filled with anxiety and fear about my future. I am so grateful I called that female lieutenant who simply said, “Don’t apologize.” When I finally told my department that I was pregnant, I didn’t have to apologize. The chief welcomed the news, telling me I was part of the police department family and that my baby was a blessing to our team. They allowed me to stay in patrol until I was ready for light duty and then reassigned me to detectives, where I could continue contributing in a meaningful way.
I was the first and only pregnant officer in my department’s history. Without a blueprint or precedent, they fully supported me, following the letter and the spirit of the law. By the time I found out I was having a girl, my fears had subsided thanks to the positive response and supportive accommodations I received. When the doctor said, “It’s a girl,” my first thought wasn’t about how this would affect my career. My first thought was, “Someday, I’m going to coach her basketball team.”
My wish for our industry is that when a female officer discovers she is pregnant, she feels no fear, anxiety, or dread — only excitement for the amazing journey ahead.