2.11 Comprehensive Accommodation Policy

Purpose and Commitment

THE COMPANY is committed to providing reasonable accommodations that allow all applicants and Team Members to fully participate in the workplace. This Policy ensures equal access by offering accommodations for disabilities, pregnancy and childbirth-related needs, temporary medical conditions, religious beliefs, lactation needs, dress and grooming requirements, scheduling limitations, and voting obligations under Georgia law.

THE COMPANY strictly prohibits discrimination, interference, or retaliation against anyone who requests, uses, or assists with accommodations.

 

Scope

This Policy applies to:

• All Team Members (full-time, part-time, seasonal, and temporary)
• Applicants
• Managers, Supervisors, and Directors
• All restaurant and work locations
• Digital and virtual environments
• On-duty and off-duty conduct that affects workplace access or relationships

 

Accommodation Categories Covered

This Policy consolidates ALL accommodations into one unified standard.

• Disability (ADA/ADAA) Accommodations
  • Covers physical, mental, psychological, developmental, or chronic conditions, whether visible or invisible.
  • Examples: mobility limitations, ADHD, autism spectrum, diabetes, epilepsy, depression, anxiety, chronic pain, etc.
• Pregnancy, Childbirth, and PWFA Accommodations
  • Covers pregnancy symptoms, pelvic pain, morning sickness, fatigue, mobility limitation, prenatal appointments, postpartum recovery, lactation, and pregnancy-related medical restrictions.
• Temporary Medical Conditions
  • Covers injuries, surgical recovery, fractures, sprains, short-term infections, concussion recovery, medication side effects, and other short-term impairments.
• Religious Accommodations
  • Covers prayer breaks, religious observances, religious dress or grooming, fasting, holiday scheduling needs, and religious head coverings.
• Lactation Accommodations
  • Covers expressing milk, private space (not a restroom), lactation breaks, and safe milk storage.
• Dress Code and Grooming Accommodations
  • Covers medical footwear, braces, pregnancy uniform adjustments, religious attire, and medical devices.
• Scheduling Accommodations
  • Covers medical treatment schedules, prenatal visits, fasting or religious holidays, lactation breaks, and temporary medical schedules.
• Light Duty and Modified Tasks
  • Available when medically supported and operationally feasible.
• Teen Worker Protections
  • Covers intersections between accommodations and youth-labor law, ensuring compliance with:
    • FLSA minor regulations
    • Georgia DOL youth employment rules
    • Safety restrictions
• Digital and Virtual Accommodations
  • Covers adjustments to training or communication methods when essential duties intersect with digital systems.
• Time to Vote (Georgia Law)
  • Covers unpaid leave for eligible Team Members to vote in elections.

 

Definitions

• Reasonable Accommodation
  • A job or workplace modification that enables a qualified individual to perform essential job duties.
• Essential Job Functions
  • Core tasks required in a Subway restaurant (guest service, food preparation, sanitation, POS operations, lifting tasks, etc.).
• Undue Hardship
  • A significant difficulty or expense that prevents THE COMPANY from implementing a specific accommodation.
• Interactive Process
  • A required, collaborative dialogue between THE COMPANY and the Team Member to determine appropriate accommodations.

 

Requesting an Accommodation

Team Members may request an accommodation by:

• Submitting the Complaint Incident Reporting Form (preferred)
• Telling any Manager or Supervisor
• Contacting the District Manager      
• Contacting the Director of Operations
• Contacting the DGI Corporate Office Team

No special language is required; a Team Member need only state that they need help performing job duties due to a medical, pregnancy, religious, or other qualifying need.

 

Manager Responsibilities

Managers and Supervisors must:

• Respond promptly and respectfully
• Report all accommodation requests immediately
• Document requests and discussions
• Begin the interactive process
• Maintain confidentiality
• Ensure no retaliation occurs

Failure to report or act is a policy violation.

 

The Interactive Process

THE COMPANY will:

• Evaluate requests promptly
• Request documentation when appropriate and permitted
• Identify essential job functions
• Consider and discuss options
• Provide interim accommodations when appropriate
• Adjust accommodations if needs change

 

Examples of Reasonable Accommodations

(List is illustrative, not exhaustive.)

• Disability Accommodations
  • Modified duties
  • Adjusted lifting limits
  • Sit/stand flexibility
  • Assistive devices
  • Extra breaks for medication or rest
  • Modified workstation layout
• Pregnancy and PWFA Accommodations
  • Hydration and snack breaks
  • Additional restroom breaks
  • Reduced lifting
  • Modified uniforms
  • Temporary seating options
  • Flexible scheduling for prenatal or postpartum care
• Temporary Medical Accommodations
  • Short-term light duty
  • Schedule adjustments
  • Temporary removal of non-essential duties
  • Recovery-based restrictions
• Religious Accommodations
  • Prayer breaks
  • Religious head covering
  • Grooming exception
  • Time off for religious observance
  • Fasting-friendly scheduling
• Lactation Accommodations
  • A private, clean space (not a restroom)
  • Lactation breaks
  • Scheduling flexibility for pumping
  • Access to appropriate milk storage
• Dress Code & Grooming Accommodations
  • Compression socks
  • Medical shoes or insoles
  • Pregnancy or medical uniform adjustments
  • Religious attire or grooming
• Scheduling Accommodations
  • Adjusted shifts
  • Time off for medical treatments
  • Modified start/end time
  • Shift swaps (when appropriate)
• Digital/Virtual Accommodations
  • Accessible digital training materials
  • Alternative instruction formats

 

Time to Vote Accommodations (Georgia Law)

THE COMPANY provides voting leave consistent with Georgia law (O.C.G.A. § 21-2-404).

 

Eligibility for Voting Leave

A Team Member is eligible if:

• They are a registered voter AND
• They do not have at least two (2) consecutive non-working hours while polls are open.

Managers must consider real-life factors (distance, transportation, daylight hours, minor safety).

 

Eligibility Timing Table

Polling Hours	Employee Shift	Two Consecutive Non-Working Hours Available?	Eligible for Voting Leave?	Explanation
7am–7pm	11am–7pm	Yes (9–11am)	No	Team Member can vote before shift.
7am–7pm	7am–3pm	Maybe	Maybe	Manager must evaluate transportation/time.
7am–7pm	10am–10pm	No	Yes	No two-hour window before or after.
7am–7pm	6am–2pm	Yes (5–7pm)	No	Team Member can vote after shift.
7am–7pm	9am–5pm	No	Yes	No two-hour window before or after.
7am–7pm	1pm–9pm	No	Yes	Voting leave required.
7am–7pm	5am–1pm	Yes (5–7pm)	No	Two-hour window available.

 

Types of Elections Covered

Includes all Georgia-recognized elections:

• Federal
• State
• County
• Municipal
• Primaries & runoffs
• Special elections
• School board
• Ballot initiatives
• Referendums
• Constitutional amendments

 

Amount of Leave

Up to two (2) hours of unpaid leave when legally required.

 

Request Procedure

Team Members must:

1. Request leave at least one week in advance via the Subway Labor App
2. Indicate the election
3. Explain why they cannot vote outside work hours
4. Estimate needed time

Managers must document all requests.

 

Scheduling Voting Leave

THE COMPANY may designate the time leave is taken — for example:

• Beginning of shift
• End of shift
• During slower periods

Scheduling cannot:

• Discourage voting
• Punish or disadvantage the Team Member
• Be used as retaliation

 

Pay, Attendance, and Return-to-Work Rules

Voting leave:

• Is unpaid
• Does not count as a tardy, absence, or attendance violation
• May not be used for personal errands
• Requires the Team Member to return to work immediately unless their shift ends

 

Early Voting and Absentee Options

Team Members are encouraged — but not required — to use:

• Early voting
• Absentee ballots

Eligibility for leave on Election Day still applies if early voting is not reasonably possible.

 

Minors (Team Members Under 18)

Managers must consider:

• Transportation safety
• Daylight hours
• Precinct distance

 

No Retaliation

Retaliation for requesting or using voting leave is strictly prohibited.

 

Fraud or Misuse

Voting leave must be used only for voting.

Misuse may result in corrective action, but THE COMPANY always assumes good faith unless evidence indicates otherwise.

 

Documentation Requirements

Documentation may be requested for:

• ADA or medical accommodations
• Pregnancy/PWFA restrictions
• Light duty requests

Documentation generally is not required for:

• Religious accommodations
• Lactation needs
• Obvious disabilities
• Most pregnancy needs

 

Confidentiality

All accommodation information is:

• Confidential
• Stored separately from personnel files
• Shared only with those who need to know

 

Denials and Alternatives

A request may be denied only when:

• It poses undue hardship
• It removes essential job functions
• It conflicts with safety
• Required documentation is not provided after reasonable opportunity

THE COMPANY will consider alternatives before denying.

 

Anti-Retaliation

No Team Member may be retaliated against for:

• Requesting an accommodation
• Using an accommodation
• Participating in the interactive process
• Supporting or assisting another Team Member

Violations result in disciplinary action, up to termination.

 

Team Member Responsibilities

Team Members must:

• Participate in the interactive process
• Follow approved accommodations
• Report changes in limitations
• Provide documentation when required

 

Relationship to Other Policies

This Policy aligns with:

• EEO Policy
• Anti-Harassment & Anti-Retaliation Policy
• Scheduling & Attendance Policy
• Dress Code Policy
• Workplace Conduct Policies

If conflicts arise, the most protective standard applies.

 

Enforcement and Zero Tolerance

THE COMPANY maintains zero tolerance for:

• Ignoring accommodation requests
• Delaying the interactive process
• Mocking or dismissing needs
• Violating medical restrictions
• Retaliating against employees

Violations will result in corrective action, up to and including termination.