As used in this sub-chapter, the following definitions apply:

(1) "Disability" means any illness, injury, or other condition which prevents the employee from performing some or all of the duties of the position. A disability may be the result of a short-term illness or injury, pregnancy or child-birth, or industrial accident. "Disability" also includes, as provided in 49-2-101 and 49-3-101, MCA:

(a) a physical or mental impairment which substantially limits one or more of a person's major life activities;

(b) a record of such an impairment; or

(c) a condition regarded as such an impairment.

(2) "Industrial accident" means an injury or accident, as defined in 39-71-119, MCA. "Occupational disease" has the meaning found in 39-72-102, MCA.

(3) "Maternity leave" means, as defined in ARM 24.9.1201(2) , "any leave of absence granted to or required of an employee because of such employee's disability due to pregnancy." It may be a paid or unpaid leave of absence.

(4) "Reasonable accommodation" means, in accordance with section 504 of the Rehabilitation Act of 1973 and Title I of the Americans with Disabilities Act of 1990:

(a) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires;

(b) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held

or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

(c) modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities, unless the accommodation would impose an undue hardship on the department. (Types of reason-able accommodations and the criteria for evaluating undue hardship can be found in the reasonable accommodation guide prepared by the state personnel division, department of administration.)

(5) "Short-term illness or injury" means, in accordance with ARM 24.9.801(3) , a condition of limited duration, such as a cold, the flu, or a sprained ankle, which in and of itself does not limit employability.