We respectfully submit this petition to request a formal review of Los Fresnos CISD local employment policy, as adopted by the Board of Trustees and interpreted and implemented by Human Resources, as it applies to licensed professionals classified as non-certified employees under Texas Education Agency (TEA) and Texas Administrative Code (TAC reporting standards.

Los Fresnos CISD employs multiple professionals who are licensed by the State of Texas but reported as non-certified employees, including but not limited to:

Speech-Language Pathologists, Occupational Therapists
Physical Therapists
School Psychologists
Licensed Professional Counselors
Social Workers
Nurses and other licensed healthcare professionals

Under current local policy interpretation, newly hired employees in these classifications are excluded from pregnancy-related accommodations or temporary leave allowed to teachers and paraprofessionals only, and when childbirth recovery prevents an immediate return to work, termination is treated as the only available option.

We are concerned that this interpretation of local policy may be inconsistent with current federal law, including:

The Pregnant Workers Fairness Act (PWFA) (42 U.S.C. § 2000gg et seq., effective June 27, 2023), which requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, regardless of length of employment. EEOC regulations and guidance expressly recognize temporary leave for childbirth recovery as a reasonable accommodation when medically necessary.

The Pregnancy Discrimination Act (PDA) (42 U.S.C. § 2000e(k)), which prohibits adverse employment actions based on pregnancy or childbirth and requires that employees affected by pregnancy or related medical conditions be treated the same as others similar in their ability or inability to work.

These protections apply independent of certification status and are not contingent upon eligibility under the Family and Medical Leave Act (FMLA).

We respectfully request that the Los Fresnos CISD Board of Trustees:

Review current local policy and its interpretation regarding pregnancy-related accommodations for newly hired, non-certified licensed professionals

Assess alignment with federal law and EEOC guidance
Clarify or revise policy to ensure that temporary leave for childbirth recovery is considered as an allowable accommodation, and that termination is not the default or sole response

This petition is submitted in good faith to promote , equitable treatment that is allowed to teachers and paraprofessionals , and the continuity of essential student services.