Pregnancy, Childbirth, and Pregnancy-Related Conditions Policy - Northern Michigan University

I. POLICY STATEMENT

Northern Michigan University (NMU or the University) is committed to creating an accessible and inclusive environment for students and employees affected by pregnancy, childbirth and pregnancy-related conditions.

This Policy addresses the University’s obligations under federal law to provide reasonable accommodations for employees affected by pregnancy, childbirth or pregnancy-related conditions, and academic modifications and extended leaves of absence for students who are affected by pregnancy, childbirth, and pregnancy-related conditions, and/or students who are parenting, including, adoptive parents, foster parents, stepparents and/or legal guardians.

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs or activities that receive federal financial assistance. This prohibition includes discriminating against or excluding a student from an education program or activity, extracurricular activity, athletic program, or other program or activity of the University, on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Additionally, the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth or other related medical conditions. The Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth or related medical conditions. The Fair Labor Standards Act and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act provide nursing employees up to one year after birth, the right to receive break time and private space at work to express breast milk.

The University prohibits any action based on actual or potential parental, family, or marital status which discriminates on the basis of sex.

II. SCOPE

This Policy applies to all operations of the University, including all academic, educational, employment, extracurricular, athletic, and other programs or activities of the University.

Students and employees who are affected by pregnancy, childbirth or pregnancy- related conditions and who are seeking modifications or accommodations related to their education and/or work, including leaves of absence, may seek assistance under this Policy. Parenting students, including adoptive and foster parents, stepparents and legal guardians, who are seeking modifications related to their education may also seek assistance under this Policy.

III. DEFINITIONS

A. Definitions for Student Modifications

Medical Necessity: a health care provider’s determination of a student’s need for reasonable modifications related to pregnancy or pregnancy-related conditions.

Pregnancy, childbirth and pregnancy-related conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, miscarriage, termination of pregnancy, abortion services, lactation, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law. Throughout this Policy, the use of the phrase “pregnancy, childbirth and pregnancy-related conditions” encompasses all conditions within the non-exhaustive list above.

Pregnancy-Related Conditions and Parenting Student (PRCP) Modification Letter: A document that enables students to communicate their pregnancy or pregnancy- related modifications to faculty. The PRCP Modification Letter is individualized and will not be generated until the student requests a modification, provides sufficient documentation, and engages in the individualized modification process.

Parental status: the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: (1) A biological parent; (2) An adoptive parent; (3) A foster parent; (4) A stepparent; (5) A legal custodian or guardian; (6) Someone who is acting in the role of a parent; or (7) Actively seeking legal custody, guardianship, visitation, or adoption of such a person.

B. Definitions for Employee Accommodations

Qualified Employee: An employee or applicant who, with or without reasonable  accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if: 

1. any inability to perform an essential function is for a temporary period; 

2. the essential function could be performed in the near future; and,

3. the inability to perform the essential function can be reasonably accommodated.

Known Limitation: Physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that an employee or student has communicated to NMU.

Reasonable Accommodation: Changes to the work environment or the way things are usually done at work.

Undue Hardship: Significant difficulty or expense.

IV. POLICY

The University prohibits any action that discriminates against or excludes a student, employee, prospective student or job applicant from any of its programs or activities on the basis of pregnancy, childbirth and pregnancy related conditions. The prohibition extends to any policy, practice, or procedure concerning current, potential, or past parental, family, or marital status that treats the student, employee, or applicant differently on the basis of sex.

A. Modifications for Parenting Students and Students Affected by Pregnancy, Childbirth and Other Pregnancy-Related Conditions.

The University provides reasonable modifications for students because of parenting, pregnancy, childbirth or other pregnancy-related conditions on an individualized and voluntary basis depending on the student’s needs when necessary to prevent discrimination and ensure equal access to the NMU education program or activity.

Reasonable modifications are coordinated and documented by the Title IX Office, under the supervision of the Title IX Coordinator or designee.

Students may take a voluntary leave of absence from their educational program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. Upon the student’s return to NMU’s education program or activity, the student must be reinstated to the same academic status and as practicable or to the extracurricular status that the student held when the leave began.

The University provides reasonable time and spaces for students to express breast milk or breastfeed/chestfeed that are not bathrooms and are shielded from view and free from intrusion from others.

B. Accommodations for Employees Affected by Pregnancy, Childbirth and Pregnancy Related Conditions.

i. Reasonable Accommodations. The University provides reasonable accommodations to qualified employees who have known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship. Reasonable accommodations are coordinated and documented by the Associate Director – Employee Experience or designee within NMU’s Human Resources department. Accommodation  requests will be considered on a case-by-case basis considering the employee’s individual needs and the needs of the department. Some examples are listed below; this is not intended to be a complete list of all possible accommodations:

 receive closer parking;
 have flexible hours;
 receive appropriately sized uniforms and safety apparel;
 receive additional break time to use the bathroom, eat, and rest; and
 be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

ii. Leaves of Absence - Employees may take a voluntary leave of absence related to pregnancy, childbirth, or related conditions in accordance with the leave policy applicable to their employment status. At minimum, pregnancy or a related condition allows leave 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 a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

iii. Lactation/Breastfeeding/Chestfeeding Procedures for Employees - For up to one year after the child's birth, any NMU employee who is breastfeeding/chestfeeding will be provided reasonable times and locations to express breast milk. Employees will be provided with a place to express breast milk, other than a bathroom, which is shielded from view and free from intrusion from coworkers and the public.

a. Guidance -

Non-exempt employees - Non-exempt employees may take a reasonable break time each time such employee has need to express breast milk. Breaks of more than 20 minutes in length will be unpaid and recorded on timesheets where appropriate. The only exception is when an employee receives permission to work during the break; in that case, they must be paid.

Exempt employees - Exempt employees may take reasonable a break time each time such employee has need to express breast milk. Since the salaries of exempt employees are not deducted because of the variations in the quality or quantity of work, when exempt employees take pump breaks, their salaries may not be reduced to reflect this break time.

b. Location - The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing employee’s use, it must be available when needed by the employee in order to meet the statutory requirement. A space temporarily created or converted into a space for expressing breast milk or made available when needed by the nursing employee is sufficient, provided that the space is shielded from view and free from any intrusion from co-workers and the public.

c. Northern Michigan University has designated Wellness/Lactation Rooms across campus for this purpose; the Human Resources Office maintains a list of the locations and amenities on the HR website: Wellness / Lactation Rooms | Human Resources (nmu.edu)

d. Please contact Associate Director – Employee Experience with questions.

C. Referral to Title IX Coordinator or Designee

When an employee learns a student is affected by pregnancy, childbirth or pregnancy related conditions, they should inform the student how to seek assistance from the Title IX Coordinator or designee and provide the following contact information:

Title IX Coordinator
105 Cohodas Hall
1401 Presque Isle Ave
Marquette, MI 49855
(906) 227-2416
titleix@nmu.edu

V. POLICY PROCEDURES

A. Procedures for Student Modifications.

i. Outreach to Student – Upon notification that a student is seeking a modification based on pregnancy, childbirth or pregnancy related conditions, or parenting, the Title IX Coordinator or designee will reach out to the student and provide them with information regarding their rights, resources, and a full explanation of the modification process and its requirements and offer to schedule a meeting.

ii. Healthcare Provider Documentation - Students will be required to submit documentation from a healthcare provider of their choosing (e.g., general practitioner, therapist, doula, midwife, etc.) to establish medical necessity related to pregnancy, childbirth or pregnancy related conditions. Once sufficient medical documentation is received and there has been a full discussion of the student’s request(s), the Title IX Coordinator or designee will determine reasonable modifications. Any records or information obtained by the University as part of the modification process that reflect diagnosis, evaluation, or treatment of a student’s medical condition are kept confidential. Such records will be shared only with those University employees who have a need to know and will not be released except as required by law.

iii. Individualized and Interactive Process - Reasonable modifications are evaluated individually and will vary depending on the circumstances. In evaluating reasonable modifications or alternatives, the preferences of the student will be considered, but the ultimate determination regarding the type of modification, if any, is made by the Title IX Coordinator or designee. To aid its assessment, the Title IX Coordinator or designee will endeavor to gather information from the faculty, relevant offices, or other employees involved in implementing the modification and may include the faculty or other employee in the interactive process. Reasonable modifications are required unless they pose an undue hardship, fundamentally alter course integrity or its requirements, or conflict with any licensing or accreditation requirements.

iv. Informal Discussion and Request for Reconsideration of the Student’s Modifications
– Modifications deemed reasonable by the Title IX Coordinator or designee and thus, appearing on the student’s Modification Letter must be implemented unless they would pose an undue hardship, fundamentally alter course integrity or its requirements, or conflict with any licensing or accreditation requirements. If a faculty or other employee has information not previously considered during the interactive process that the modification on the student’s Modification Letter poses an undue hardship, fundamentally alters course integrity or its requirements, or conflicts with any licensing or accreditation requirements, they may submit a request for reconsideration to the Title IX Coordinator at titleix@nmu.edu. The Title IX Coordinator or designee will seek to resolve the issue and may gather details from each person involved in the situation, meet individually or as a group with those involved, and ultimately seek a resolution to the issue.

v. Academic modifications may include, but are not limited to:

 Periodic Absences: The University must excuse medically necessary absences for a student affected by pregnancy, childbirth or pregnancy related conditions. Absences will not be counted as a missed class in which attendance is a measure of academic performance. The student will be permitted to complete any coursework (e.g., in-class participation points/assignments, quizzes, examinations) for missed class periods. Instructor course practices such as allowing a certain number of “unexcused absences” or dropping of quiz grades should not be applied to circumstances of medically necessary absences related to a student who is affected by pregnancy, childbirth or pregnancy related conditions.

 Extensions: Instructors are required to create alternative due dates for assignments when a student cannot meet a course deadline due to a medically necessary absence.

 Alternative Assignments: If a medically necessary absence for a student who is affected by pregnancy, childbirth or pregnancy related conditions prevents a student from completing an in-class assignment, instructors are required to create an alternative assignment of equivalent value for the student to complete.

 In-Class Setting: A student may request periodic breaks, alternative classroom seating (e.g., near the end of a row or exit), or larger desk space.

 Non-classroom setting: Some University courses and programs may have out-of-class activities or requirements (e.g., practicums, externships, clinicals, etc.) where modification is necessary. Instructors and program leaders are required to implement reasonable modifications to such requirements or activities and are encouraged to be flexible and creative in their approach.

 Lactation: A student will be permitted to take breaks for lactation/pumping. For in-class lactation breaks, students will be directed to the nearest, private Wellness/Lactation Room on campus. For programs or activities with off-campus locations, students should be provided with a private lactation/pumping space that does not include restrooms. Students who require lactation/pumping breaks while attending class in a virtual format are permitted to turn their cameras off without penalty.

 Virtual Learning: Requests for virtual learning will be assessed on a course-by-course basis. In certain circumstances, there may be situations where certain courses are approved for virtual learning rather than all courses during a given semester.

vi. Pregnancy-Related Conditions and Parenting Student Modification Letter - When a modification is granted, the Title IX Coordinator or designee provides the student with a completed Modification Letter. Students are responsible for providing the completed Modification Letter to instructors, ideally as soon as possible. Students should also maintain proactive communication with instructors for the successful implementation of approved modifications. Instructors are responsible for maintaining confidentiality and facilitating the implementation of approved modifications as outlined in the form. Any questions regarding the Modification Letter, modification process, or implementation of modifications should be directed to the Title IX Coordinator immediately.

vii. Extended Absences for Students - The University is required to excuse a student’s absences for a student who is affected by pregnancy, childbirth or pregnancy related conditions for as long as the student’s medical provider deems medically necessary. In assessing requests for extended periods of absence, the Title IX Coordinator or designee will consider the degree program a student is enrolled in, program timelines, graduation timelines, applicable licensing and accreditation requirements, and other relevant factors. This may include semester withdrawals, course drops, and course incompletes. A student will be informed of any impacts to financial aid, scholarships, or grants prior to the authorization of a withdrawal or course drop and be permitted to determine how they would like to proceed. Faculty will not coerce, or otherwise infringe, on a student’s right to determine how they would like to proceed. Once a student returns from an extended period of absence, they will be reinstated to the same academic and extracurricular status as before and will not be required to demonstrate a readiness to return before being able to re-enroll.

viii. Parenting Students - Parenting students, including students who are non-birth parents, adoptive or foster parents, stepparents and legal guardians, may also seek modifications in accordance with this Policy. In addition to the common modifications listed above, some common modifications for parenting students include leaves of absence related to birth or adoption, and absences related to children’s healthcare appointments. Nothing in this Policy will be interpreted to impede or supersede another policy or contractual agreement related to leaves of absence for students.

ix. Student Athletes - In accordance with Title IX, the University’s Athletic Department will not exclude a student who is affected by pregnancy, childbirth or pregnancy related conditions and allow them to fully participate on an athletic team, including all team-related activities. No coach or other athletics department personnel shall suggest to a student-athlete that their continued participation in a team will be affected in any way by pregnancy, childbirth or pregnancy related conditions, parental status or marital status. The University will allow a pregnant or parenting student-athlete to fully participate on the team, including all team-related activities, unless the student-athlete’s physician or other medical provider certifies that participation is not medically safe.

x. Student Employee Pregnancy related Requests for Employment Accommodations - Students seeking accommodation in the context of their student-employment because of pregnancy, childbirth and/or pregnancy related conditions will be referred to the Associate Director of Employee Experience or designee to discuss reasonable accommodations in the workplace. Student employees who are seeking modifications in the academic setting will work with the Title IX Coordinator or designee as outlined above in this section. Thus, student employees may need to work with the Title IX Coordinator or designee and the Associate Director of Employee Experience or designee concurrently if they are seeking accommodations in the academic and workplace setting.

Nothing in this Policy will be interpreted to apply to payment of student employees while on leave.

xi. Graduate Assistants - Leave for students who are graduate assistants will be addressed according to the Medical Leave process.

B. Procedures for Employees

i. Employees needing pregnancy-related accommodation should contact Associate Director of Employee Experience or designee who will communicate with the employee to engage in the interactive process which includes discussing the following with the employee and their unit:

 the essential job functions of the position;

 the employee’s ability to perform essential job functions and the application of the definition of “qualified employee”; and

 possible reasonable accommodation, if any, that may be needed.

What constitutes reasonable accommodation will vary depending on the circumstances of each case. In evaluating alternatives for accommodation, the preferences of the individual are considered, but the ultimate decision regarding the type of accommodation, if any, is made by Human Resources in conjunction with the employee’s supervisor. All relevant
factors will be considered, including the following:

 Whether an accommodation is needed,

 If needed, whether an accommodation would be effective, and

 If effective, whether the accommodation is reasonable and whether providing the accommodation would impose an undue hardship.

ii. Employees will be required to provide documentation from a health care provider establishing the medical need for the accommodation.

Associate Director of Employee Experience or designee will provide a health care provider form to be filled out by the employee’s medical professional. Employees should provide the completed form to the Associate Director of Employee Experience or designee. Any records or information obtained by the University as part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee’s medical condition are kept confidential. Such records will be shared only with those University employees who have a need to know and will not be released except as required by law.

iii. When an accommodation is granted, the Associate Director of Employee Experience or designee issues their written determination to both supervisor and employee. Supervisors are responsible for facilitating the granted accommodations outlined in it. All documentation will be held by Human Resources in a confidential place separate from the employee's personnel file.

Employees and supervisors should contact Associate Director of Employee Experience or designee with questions about whether a specific accommodation is reasonable. The employee should continue to receive the accommodation as indicated in the written determination letter, unless and until a new or revised written determination letter is issued.

Contact Associate Director of Employee Experience or designee with any questions.

iv. Employees who develop a disability due to pregnancy, childbirth or related medical conditions should refer to the Reasonable Accommodation Process. Information on the Reasonable Accommodation process can be found on the HR webpage:
https://nmu.edu/hr/reasonable-accommodations

v. Employee Leaves Programs and Time Off - The University offers different leave programs and time off for all employees, including employees who are affected by pregnancy, childbirth and other related conditions. These programs vary depending on the status of the employee and the reason for the leave. For more information, please visit: nmu.edu/hr/benefits.

VI. VIOLATIONS

Employees who violate this Policy may be subject to discipline, up to and including termination. Failure to provide reasonable accommodation or modification for a student or employee who has demonstrated that they are affected by pregnancy, childbirth or pregnancy-related conditions (or concerns related to parenting students) or other  harassing or discriminatory conduct based on this status could be considered discrimination on the basis of sex and would be evaluated under the University’s Non-Discrimination Policy and/or University’s Relationship Violence, Sexual Misconduct, and Stalking Policy. Students or employees who report experiencing harassment, discriminationi and or retaliation because they are affected by pregnancy, childbirth or pregnancy-related conditions (or concerns related to parenting students) can report to:

Equal Opportunity Office
105 Cohodas Hall
1401 Presque Isle Ave.
Marquette, MI 49855
906-227-2420

VII. RELATED INFORMATION AND ATTACHMENTS

a. Northern Michigan University Non-Discrimination Policy
b. Northern Michigan University Relationship Violence, Sexual Misconduct and Stalking Policy
c. Wellness/Lactation Room Locations
d. ADA/504 Non-Discrimination Policy

VIII. PREGNANCY AND PARENTING INFORMATION