Twp. crafting policy for pregnant police officers Kean to introduce law aimed to protect females in law enforcement BY DANIEL HOWLEY Staff Writer The Ocean Township police department is in the process of crafting a departmental policy that will allow pregnant police officers to be assigned to "light duty" throughout the course of their pregnancy. The policy, which will mark the first of its kind for the department, comes in the wake of a May 5 Township Council meeting where a township police officer announced that she was pregnant and was being denied the opportunity to serve in a light capacity. Since the May 5 council meeting, attorneys for the Ocean Township Police Department and the Police Benevolent Association (PBA) have agreed to start discussing putting a policy on the books to address duty requirements for pregnant police officers. "We never had a maternity policy and we never had a light-duty policy, which I believe are two separate issues," said Ocean Township Chief of Police Antonio Amodio. "We had a light-duty practice, which had some very narrow and specific parameters," Amodio added. According to Amodio, the department will begin negotiating with the local PBA to develop a long-term light-duty policy for pregnant officers. State Sen. Sean Kean has announced that he will also be introducing legislation that will give towns the authority to enact policies for police officers who become pregnant. Kean said he is drafting the measure in response to the ongoing case in Ocean. "Towns need the ability to set policies to address situations where a police officer becomes pregnant and may not be able to safely perform certain duties," Kean said in a press release. "It makes sense to allow towns to protect a police officer and her unborn child by placing her on temporary light duty while she is pregnant." Under Kean's measure, towns would be able to place municipal employees whose duties are inherently dangerous or physical demanding on light duty. Kean's 11th District colleagues, Assembly members Mary Pat Angelini and Dave Rible, have also announced that they will introduce the companion measure in the Assembly. "With an increasing number of women joining the ranks of law enforcement, it is important that there be guidelines for both the officers and the towns," Kean said. "This measure will help ensure that the brave women in law enforcement are not put in situations that could harm themselves or their baby." According to Amodio, the police department's pregnancy policy will be discussed during contract negotiations between the PBA and the township. The Ocean Township Police Department has employed five female officers throughout its history, Amodio explained, adding that Police Officer Sonia Henriques is the first officer to become pregnant while on the force. PBA Local 57 President Bruce Friend, a patrolman, appeared before council this month seeking an investigation into the police department after Amodio initially denied Henriques' request to be assigned to light duty during her pregnancy. Friend told council that Henriques, who is 11 weeks pregnant, was told by her doctors that she should not work on the road, "given the potential exposure to physical harm and communicable diseases." "Unfortunately our administration had informed Officer Henriques that there will be no effort made to accommodate her need to work temporarily inside headquarters, in a light-duty capacity, while she is pregnant," Friend said. "I feel that it is important to note that this agency has had ample time to plan for this particular situation. "We have employed female officers for many years now and the subject of pregnancy has been visited over time," Friend added. According to Friend, Henriques requested to be placed on light duty inside the department's headquarters for the remainder of her pregnancy. Amodio subsequently denied Henriques' request, Friend said. Following her appearance before the council, Henriques was offered a lightduty position, according to Amodio. While serving light duty, Amodio said that Henriques will perform administrative duties within the department's headquarters. Henriques was offered to be placed on what Amodio termed "modified maternity duty" during her pregnancy. While working on modified maternity duty, Henriques will be able to perform light-duty tasks within headquarters without having to be out on the road. Henriques accepted the offer May 8. Friend stated at the council meeting that in previous years, the police department administrators offered officers who were unable to work on the road due to serious injuries light-duty positions. "Several officers over the years have had the unfortunate need to rely on [the light-duty] policy," Friend said. He said that there are numerous vacancies within the police department that Henriques could fill while on light duty, including positions as a desk officer, dispatcher and detective with the criminal investigation bureau. "The department has several areas where Sonia can contribute to the agency," Friend said. "One example is as a desk officer. There are currently vacant positions and we have been experiencing problems filling them." Friend went on to explain that while serving on light duty, Henriques could fill positions in the department's records bureau or serve as a dispatcher. Yet, according to Amodio, Henriques was offered a position as a dispatcher when she first told police administrators of her pregnancy. "When Sonia first told us that she was pregnant, I had an opening for a dispatcher and I asked her if she had training as a dispatcher," Amodio said. "I didn't know if she did [have dispatcher training] or not," Amodio said. "But she did not have those qualifications." Township Business Manager Andrew Brannen said that the police department has a light-duty policy in place, but has never had a modified or maternity leave policy. "When we tried to apply the light-duty [policy] to the situation, it didn't work," Brannen said. "So we went ahead and made a maternity or modified leave." Brannen explained that the modified maternity policy will serve as an interim policy until an agreement can be reached for a long-term permanent policy. Under the state Department of Labor and Workforce Development guidelines, Henriques will be permitted to serve in a light-duty capacity until approximately four weeks prior to her expected delivery date. At that point, she will be eligible for temporary disability. Henriques can continue to receive temporary disability until approximately six weeks after her delivery date. Henriques was recently recognized by the Monmouth and Ocean County Criminal Investigative Bureau for disarming a suspect with a gun. She has also received recognition within the Ocean Township Police Department, earning awards in investigative excellence, exceptional service and distinguished service.