Administrative Procedures

 

Pregnancy-Related Accommodations

Procedure Number: 3.2-P

Current Effective Date: 06/13/2019

Original Effective Date: 06/13/2019

Revision Dates: 06/13/2019

Revision Number: 0

Revision Summary: Create Policy and Procedure to comply with law.

Responsible Official: Vice President of Academics and Student Services; Vice President Human Resources; General Counsel

References: Administrative Policy 3.2

1. Purpose

This Procedure establishes the protection and equal treatment of pregnant persons, individuals with childbirth or pregnancy-related conditions, and new parents.

2. Scope

This Procedure applies to all aspects of KCTCS’ programs, including admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage.

3. Definitions

  1. “Medical necessity” is a determination made by a health care provider of a student’s or employee’s choosing.
     
  2. “Pregnancy, childbirth, and or related medical conditions” include, but are not limited to, pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law.
     
  3. “Pregnancy discrimination” includes treating a woman affected by pregnancy or a pregnancy-related condition less favorably than similar individuals who are not so affected and includes a failure to provide legally mandated leave or accommodations. 
     
  4. “Pregnant Student”/ “Pregnant Employee” refers to the person who is or was pregnant. Although the pronoun “she” and “her” are used herein, this procedure and its pregnancy related protections apply to all pregnant persons regardless of gender identity or expression.
     
  5. “Reasonable accommodations” for the purposes of this Procedure are changes in the academic environment or typical operations that enable an individual who is pregnant or who has a pregnancy-related condition to continue to enjoy equal benefits of the institution as an employee or a student. Reasonable accommodations are determined by an interactive dialogue between the employee/student and the organization in which all relevant facts are considered. Medical documentation is a highly relevant consideration, but care providers alone do not determine what are reasonable accommodations in the educational or working environment.

4. Pregnant Student Procedure

4.1 Requesting Academic Accommodation.

Students may request accommodations for pregnancy, childbirth, or related medical conditions by contacting their home school’s Title IX Coordinator to discuss options. The Title IX Coordinator will work with the faculty for academic accommodations. Faculty members have a legal obligation to make reasonable accommodations for pregnant students. Neither academic freedom nor tenure obviate this legal duty.

4.2 Requesting Employment Accommodations.

Student Employees should also contact their Human Resources office for accommodations related to their employment in accordance with Section 5 below.

4.3 Reasonable Accommodations.

Reasonable accommodations may include, but are not limited to:

  1. Accommodations requested by the pregnant student to protect the health and safety of the student and/or her pregnancy (such as allowing the student to maintain a safe distance from hazardous substances), 
  2. Modifications to the physical environment (such as accessible seating),
  3. Mobility support,
  4. Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences,
  5. Providing remote learning options,
  6. Excusing medically necessary absences, and
  7. Granting leave.

4.4

Pregnant & parenting accommodations will not be made retroactively. The College must be aware of a situation in order to respond to it. Documentation may be required. A list of college Title IX Coordinators can be found here or in the Sexual Misconduct Procedure.

5. Pregnant Employee Procedures

5.1

Employees may request accommodations for their pregnancy, childbirth, or related medical conditions using the KCTCS Accommodations Procedures provided in Administrative Policy 3.1.1.2.

5.2

Reasonable accommodations for an employee's own limitations related to pregnancy, childbirth, or related medical conditions, may include, but not be limited to:

  1. More frequent or longer breaks,
  2. Time off to recover from childbirth,
  3. Acquisition or modification of equipment,
  4. Appropriate seating,
  5. Temporary transfer to a less strenuous or less hazardous position,
  6. Job restructuring,
  7. Light duty,
  8. Modified work schedule, and
  9. Private space that is not a bathroom for expressing breast milk.

5.3

KCTCS shall not require an employee to take leave for pregnancy childbirth, or related medical conditions if a reasonable accommodation can be provided.

6. Lactation

6.1

Lactating students and employees shall be granted reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathrooms and bathroom stalls do not satisfy this requirement.

6.2

Lactating employees should work with their supervisors to determine appropriate times for the expression of breast milk. Non-exempt employees may use their paid 15-minute breaks and their unpaid lunch break for pumping. Should additional time be needed, supervisors and non-exempt employees should work together to ensure sufficient reasonable time is given for pumping and that any missed work time is made up during the same week. Exempt employees should ensure that their supervisors are appropriately informed, and that work is completed according to expectations.

6.3

A student or employee may breast-feed their baby or express breast milk in any location, public or private, where they are otherwise authorized to be.

  1. Neither students nor employees may disrupt an educational experience or activity, including the classroom, by bringing a child in to breastfeed during class time; however, break times may be used for that purpose.