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(a) A pregnant employee may request a transfer to a suitable position under this section. The City may not fill the position with a person other than the requesting employee until the employer has offered the position to the employee and the employee has refused the offer. A position is suitable if:

(1) It is an existing unfilled position in the same administrative division in which the employee is currently employed and is less strenuous or less hazardous than the employee’s current position;

(2) Transfer is recommended by a licensed health care provider;

(3) The employee is qualified and immediately able to perform the duties of the position; and

(4) The transfer will not subject the City to legal liability under an employment contract.

(b) An employer shall compensate an employee who receives a transfer under this section at a rate, as adjusted by changes to compensation that apply generally to the work force, at which the position into which the employee transfers is compensated.

(Ord. 1556-93)