[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR618.445]



[Page 158]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 618_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec. 618.445  Marital or parental status.



    (a) Status generally. A recipient shall not apply any rule 

concerning a student's actual or potential parental, family, or marital 

status that treats students differently on the basis of sex.

    (b) Pregnancy and related conditions. (1) A recipient shall not 

discriminate against any student, or exclude any student from its 

education program or activity, including any class or extracurricular 

activity, on the basis of such student's pregnancy, childbirth, false 

pregnancy, termination of pregnancy, or recovery therefrom, unless the 

student requests voluntarily to participate in a separate portion of the 

program or activity of the recipient.

    (2) A recipient may require such a student to obtain the 

certification of a physician that the student is physically and 

emotionally able to continue participation as long as such a 

certification is required of all students for other physical or 

emotional conditions requiring the attention of a physician.

    (3) A recipient that operates a portion of its education program or 

activity separately for pregnant students, admittance to which is 

completely voluntary on the part of the student as provided in paragraph 

(b)(1) of this section, shall ensure that the separate portion is 

comparable to that offered to non-pregnant students.

    (4) Subject to Sec. 618.235(d), a recipient shall treat pregnancy, 

childbirth, false pregnancy, termination of pregnancy and recovery 

therefrom in the same manner and under the same policies as any other 

temporary disability with respect to any medical or hospital benefit, 

service, plan, or policy that such recipient administers, operates, 

offers, or participates in with respect to students admitted to the 

recipient's educational program or activity.

    (5) In the case of a recipient that does not maintain a leave policy 

for its students, or in the case of a student who does not otherwise 

qualify for leave under such a policy, a recipient shall treat 

pregnancy, childbirth, false pregnancy, termination of pregnancy, and 

recovery therefrom as a justification for a leave of absence for as long 

a period of time as is deemed medically necessary by the student's 

physician, at the conclusion of which the student shall be reinstated to 

the status that she held when the leave began.