AP-3.133 Pregnancy and Parental Procedures

Administrative Procedures Document Information

References

This procedure is based upon the following federal and state laws:

• The Patient Protection and Affordable Care Act (“Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”)
• The Family and Medical Leave Act (FMLA)
• Title IX of the Education Amendments of 1972
• The Pregnancy Discrimination Act of 1978
• Florida Statutes: 110.221, 383.015, 383.016, 6Hx11-3.13, and 6Hx11-6.431

Responsible Administrators

• Dean of Minority Affairs/Equity Officer/Title IX Coordinator
• Vice President of Student Affairs
• Dean of Human Resources

College Commitment to Non-Discrimination

Indian River State College (College) is committed to maintaining a fair and respectful environment for living, work and study. Therefore, in accordance with federal and state laws, Indian River State College will not discriminate against a member of the “College Community” based on pregnancy, childbirth, and false pregnancy, termination of pregnancy or recovery from any of these conditions in all employment, educational programs and activities.

Breastfeeding

The breastfeeding of a baby is an important and basic act of nurture which must be encouraged in the interest of maternal and child health and family values. A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding. Places will be provided other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by a mother to express milk. The space does not need to be a permanent dedicated space.

Employees

Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. The College shall provide “reasonable break time” for an employee to express breast milk for her nursing child for one (1) year after the child’s birth each time such employee has need to express the milk.

Students

The College shall give all students who might be, are, or have been pregnant the same access to school programs, educational opportunities and extracurricular activities that other students have. If the College offers separate programs for pregnant and parenting students, these programs must be voluntary and offer academic, extracurricular and enrichment opportunities comparable to those offered for non-pregnant students. A pregnant student may not be pressured to attend the alternative program and must be allowed to remain in her regular classes if she so chooses.

Absences Due to Pregnancy

Absences due to pregnancy or any related conditions will be excused for as long as the student’s doctor deems the absences medically necessary. A doctor’s note shall be submitted only if required for students with other physical or emotional conditions requiring the attention of a physician. Students upon returning from said leave shall be reinstated to the same academic and extracurricular status as before her medical leave began. Any special services provided to students who have temporary medical conditions must also be provided to a pregnant student.

Harassment

Title IX prohibits harassment of employees and students based on sex, including harassment because of pregnancy or related conditions. (See Board Policy 6Hx11-3.13)

Notice of Title IX Coordinator

The Dean of Minority Affairs and College Equity Officer serves as the Title IX Coordinator for the College, and is responsible for coordinating and ensuring that appropriate notices, training, reporting and complaint resolutions procedures are in place to prevent or address issues that fall under this procedure.

Original document on file in the Office of the President.