Policy for Pregnancy and Childbirth

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  1. Purpose

Paul Mitchell The School Costa Mesa (here after “School”) is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that allow for equal access for Future Professionals and employees navigating pregnancy and related conditions. To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting access, the School has developed policies and procedures for Future Professionals and employees navigating pregnancy and related conditions.

  1. Notice of Nondiscrimination

The School does not discriminate in its education program or activity against any applicant for admission, student (Future Professional), applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). The School prohibits members of the School community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student (Future Professional), applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

  1. Definitions:
    1. Familial Status. The configuration of one’s family or one’s role in a family.
    2. Marital Status. The state of being married or unmarried.
    3. Parental Status. The status of a person who, with respect to another person who is under the age of 18,[1] is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
    4. 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.[2]
    5. Reasonable Modifications. Individualized modifications to the School’s policies, practices, or procedures that do not fundamentally alter the School’s education program or activity.
       

      [1] Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.
      [2] “[T]he Department interprets ‘termination of pregnancy’ to mean the end of pregnancy in any manner, including, miscarriage, stillbirth, or abortion.” Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 F.R. 33474, April 29, 2024, codified at 34 C.F.R. 106.

  2. Employee Information Sharing Requirements

Any School employee who becomes aware of a student’s pregnancy or related condition is required to provide the Future Professional with the Title IX Coordinator’s contact information and communicate that the Title IX Coordinator can help take specific actions to prevent discrimination and ensure equal access to the School’s education program and activity or provide the information to the Title IX Coordinator who will provide the necessary information to the Future Professional. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the Future Professional with the Title IX Coordinator’s contact information. 

Upon notification of a Future Professional’s pregnancy or related condition, the Title IX Coordinator will contact the Future Professional and inform the Future Professional of the School’s obligations to: 

  • Prohibit sex discrimination.
  • Provide reasonable modifications.
  • Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
  • Allow a voluntary leave of absence.
  • Ensure lactation space availability.
  • Maintain a Resolution Process for alleged discrimination.
  • Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes. 

The Title IX Coordinator will also notify the Future Professional of the process to make a complaint for alleged discrimination, harassment, or retaliation, as applicable.

  1. Reasonable Modifications for Future Professionals

Future Professionals who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the School’s education program and activity. Any Future Professional seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Future Professionals are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a Future Professional can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts. 

Reasonable Modifications may include:

  • Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom (please note that due to the clock-hour education requirements if a break is longer than ten-minutes, the Future Professional will be required to clock out for the time missed and may make that time up).
  • Intermittent absences to attend medical appointments (provision of a doctor’s note or other documentation of a medical visit will allow for the school to note that the absence was related to the reasonable modification and allow the Future Professional to be able to immediately be eligible to make up the time missed via the makeup hours policy).
  • Access to online or homebound education, if available (to the extent permitted by the state board/accreditor for clock-hour programs)
  • Changes in schedule (however, due to clock-hour education requirements, the Future Professional must attend a published schedule)
  • Time extensions for coursework and rescheduling of tests and examinations
  • Allowing a Future Professional to sit or stand, or carry or keep water nearby
  • Provision of referrals to counseling
  • Changes in physical space or supplies (for example, access to a larger desk or stylist stool)
  • Elevator access
  • A larger uniform or other required clothing or equipment (if provided by the School)
  • Other changes to policies, practices, or procedures determined by the Title IX Coordinator 

In the School’s progressive curricular model programs, medically necessary leaves are sufficient cause to permit the Future Professional to join a subsequent cohort when returning from leave.  Future Professionals are encouraged to work with their Title IX Coordinator and the School to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed. 

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access. A Reasonable Modification does not excuse participation in the educational program or from completing all requirements of the program. 

Information about pregnant Future Professionals’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification. 

Future Professionals experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other Future Professional with a temporary disability. The Title IX Coordinator will consult with the ADA Coordinator to ensure the Future Professional receives reasonable accommodations for their disability as required by law.

  1. Certification to Participate 

All Future Professionals should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A Future Professional may not be required to provide health care provider or other certification that the Future Professional is physically able to participate in the program or activity, unless: 

  1. The certified level of physical ability or health is necessary for participation;
  2. The institution requires such certification of all Future Professionals participating; and
  3. The information obtained is not used as a basis for pregnancy-related discrimination.
  1. Lactation Space Access

The School provides Future Professionals and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others. For more information about lactation spaces and access, please contact the Title IX Coordinator.

  1. Leaves of Absence 

A.   Future Professionals 

Future Professionals are permitted to take a voluntary Pregnancy Leave of Absence for a reasonable time as deemed medically necessary by their healthcare provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. Future Professionals who elect to take a voluntary pregnancy leave of absence are eligible to elect to take leave under this policy or under the Leave of Absence Policy that is outlined in the catalog.

To the extent possible, School will take reasonable steps to ensure that Future Professionals who take a leave of absence or pregnancy leave of absence return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent program that was in place when the leave began. 

Continuation of Future Professionals’ scholarships, or similar School-sponsored funding during the leave term will depend on Future Professional registration status and the policies of the funding program regarding registration status. Future Professionals will not be negatively impacted by or forfeit their future eligibility for their School provided scholarship, or similar School provided funding by exercising their rights under this policy. 

The Title IX Coordinator can and will advocate for Future Professionals with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question. However, there is not a guarantee of outcome. There are certain pieces like change of award year and eligible family size that may change based on the range of time where the Future Professional is on the leave of absence or pregnancy leave of absence. 

In order to initiate a Pregnancy Leave of Absence, the Future Professional must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Title IX Coordinator will assist the Future Professional in completing any necessary paperwork.

B.     Employees 

Information on employment leave can be found in your employment documentation. 

If an employee, including an individual who is both a Future Professional and an employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time. 

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right. 

9.     Future Professional Parents 

Future Professionals with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request a leave of absence under the Leave of Absence policy. 

10.  Policy Dissemination and Training 

A copy of this policy will be made available to employees upon hire and provided annually. The School will alert all new Future Professionals about this policy and the location of this policy during the enrollment process and/or during CORE. The Title IX Coordinator is available to provide educational conversations and/or materials to promote compliance with this policy and familiarity with its procedures.

This policy and procedure was implemented on August 1, 2024.