Institutional Policies
Pregnancy and Related Conditions Policy
I. Justification and Statement of Policy
Franklin & Marshall (F&M) will not adopt or apply any policy, practice, or procedure, or take any employment action, concerning the current, potential, or past Parental, Family, or Marital Status of a Student, Employee, or Applicant that treats persons differently on the basis of sex, or which is based upon whether an Employee or Applicant for employment is the head of household or principal wage earner in such Employee鈥檚 or Applicant鈥檚 family unit. F&M will not discriminate against, establish or follow any policy, practice, or procedure that discriminates against, or exclude from employment any person on the basis of current, potential, or past Pregnancy or Related Conditions.
II. Scope
This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.
III. Definitions
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- Applicant. A person who is applying for admission as a Student or other participant in F&M鈥檚 Employee Program or Activity, and/or who is applying for employment at F&M.
- Employee Program or Activity. Conduct that occurs in F&M鈥檚 Employee Program or Activity, including on-campus or, if applicable, in buildings owned or controlled by a student organization that is officially recognized by F&M. F&M will address conduct contributing to a Hostile Environment even if the underlying conduct itself occurred outside F&M鈥檚 Employee Program or Activity, including if it occurred outside the United States. This Policy applies to conduct occurring online (via computer and internet networks or on digital platforms, including social media sites).
- Employee. A person who is employed by F&M.
- Family Status. The configuration of one鈥檚 family or one鈥檚 role in a family.
- Marital Status. The state of being married or unmarried.
- Parental Status. The status of a person who, with respect to another person under the age of 18, or who is 18 or older but incapable of self-care because of a physical or mental disability, is: a biological parent; adoptive parent; foster parent; stepparent; legal custodian or guardian; in loco parentis; or actively seeking legal custody, guardianship, visitation, or adoption.
- Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.
- Reasonable Modifications. Individualized modifications to the F&M鈥檚 policies, practices, or procedures that do not fundamentally alter F&M鈥檚 educational program or activity.
- Student: A person who is enrolled for study at F&M.
VI. Policy
A. Information Sharing Requirements Regarding Students
When any F&M Employee is informed by a Student of that Student鈥檚 Pregnancy or Related
Conditions, the Employee must, unless the Employee reasonably believes the Director
of Title IX and ADA Compliance has already been notified, promptly inform the Student
of the Director of Title IX and ADA Compliance鈥檚 contact information and that the
Director of Title IX and ADA Compliance can coordinate specific actions to prevent
sex discrimination and ensure equal access to the Employee Program or Activity by
promptly providing the Notice of Non-Discrimination and informing the Student of F&M鈥檚
obligations. These include:
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- Prohibiting Sex Discrimination, including Sex-Based Harassment;
- Allowing access, on a voluntary basis, to any separate and comparable portion of F&M鈥檚 Employee Program or Activity;
- Referring Students experiencing Pregnancy or Related Conditions to the Director of Title IX and ADA Compliance;
- Taking specific actions to promptly and effectively prevent Sex Discrimination and ensure equal access to the Employee Program or Activity, including providing the option of making reasonable modifications to F&M policies, practices, or procedures because of Pregnancy or Related Conditions;
- Allowing a voluntary leave of absence;
- Ensuring the availability of lactation space; and
- Maintaining Grievance Procedures that provide for the prompt and equitable resolution of complaints of Sex Discrimination.
- Not requiring a Student, due to Pregnancy or Related Conditions, to provide certification from a physician or other licensed healthcare provider that the Student is physically able to participate in classes, programs, or Student activities unless necessary, required for all participating Students, and not used as a basis for discrimination.
The Director of Title IX and ADA Compliance, Katharine Buchkoski, can be reached at kate.buchkoski@fandm.edu or 717-358-7178. Upon notification of a Student鈥檚 Pregnancy or Related Condition, the Director of Title IX and ADA Compliance will contact the Student and inform the Student of F&M鈥檚 obligations
B. Reasonable Modifications
1. Students: Students are entitled to reasonable modifications to F&M鈥檚 policies, practices, or procedures because of Pregnancy or Related Conditions on an individualized and voluntary basis depending on the Student鈥檚 needs when necessary to prevent discrimination and ensure equal access, unless the modification would fundamentally alter F&M鈥檚 Employee Program or Activity. These may include, but are not limited to: breaks to attend to health needs, including for expressing breastmilk or breastfeeding; excused absences to attend medical appointments; changes in schedule or course sequence; extensions of time for coursework; rescheduling of tests and examinations; counseling; changes in physical space or supplies; or elevator access. Such modifications will be comparable to the treatment of other temporary disabilities or conditions.
F&M will not require Students to provide supporting documentation unless necessary and reasonable to determine reasonable modifications. It will by definition be not necessary and reasonable when the need for the specific action is obvious; when the Student has previously provided sufficient supporting documentation; when the reasonable modification relates to drinking water, using a bigger desk, and/or the need to sit, stand, or take breaks to eat, drink, or use the restroom; when the Student has lactation needs; or when the requested specific action is available to Students for reasons other than Pregnancy or Related Conditions without the submission of supporting documentation.
2. Employees: F&M treats Pregnancy or Related Conditions as any other temporary disability or condition for all job-related purposes, including, where appropriate, the provision of temporary adjustments.
C. Leaves of Absence
1. Students: An F&M Student experiencing Pregnancy or Related Conditions is allowed a voluntary leave of absence to cover, at minimum, the period of time deemed medically necessary by the Student鈥檚 physician or other licensed healthcare provider. If other F&M leave policy allows a greater span of time than this period, the Student is permitted to take leave under that policy instead. Upon return, the Student will be reinstated to the academic and, as practicable, extracurricular status that the Student held when the leave began.
2. Employees: In the event an F&M Employee is not qualified for a leave, or if no leave or insufficient leave is available, Pregnancy or Related Conditions is a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the Employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment. For additional information, see Family and Medical Leave Policy and/or the College鈥檚 applicable disability policies.
D. Lactation Space Access
F&M will provide reasonable break time for a Student or Employee to express breastmilk
or breastfeed as needed, and make available a lactation space, other than a bathroom,
that is clean, shielded from view, free from intrusion from others, and may be used
by a Student or Employee for expressing breastmilk or breastfeeding as needed.
The lactation space is located on the first floor of the College Center. Employees who have offices may use those spaces for expressing breastmilk or breastfeeding as needed.
E. Student Housing
A pregnant Student鈥檚 F&M housing status will not be altered based on pregnancy status
unless requested by the Student.
V. Related Documents and Forms
Family and Medical Leave Policy
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Policy Maintained By: Director of Title IX and ADA Compliance
Last Reviewed: January 13, 2025