Pregnancy/Child Care FAQ

Do MSU policies protect me against discrimination based on pregnancy or childbirth?

Yes. Mississippi State students and employees are protected from discrimination in employment, academics and other programs by university policies and by federal laws.

The Pregnancy Discrimination Act of 1978 and the Civil Rights Act of 1964 prohibit employment discrimination based on pregnancy, childbirth, or related medical conditions. Title IX prevents discrimination in academic and other university programs based on sex, which includes pregnancy and parental status. Additionally, MSU Operating Policy 3.03 specifically forbids discrimination in connection with any university program or activity based on sex, pregnancy, or other protected characteristics.

If pregnancy is affecting my classes or job, can the university assist?

In many cases, yes.

First, the university will not exclude a person from participation in any program or activity on the basis of pregnancy, childbirth, or related issues. Where a person seeks leave of absence or other accommodations related to pregnancy or childbirth, the university will treat that request the same as any other request for accommodation of a temporary disability.

Additionally, university employees covered by the Family and Medical Leave Act (FMLA) are entitled to up to twelve weeks of unpaid leave per year for various qualifying events, which include but are not limited to childbirth and care of a newborn child, placement of a child with the employee for adoption or foster care, or serious medical conditions of the employee or an immediate family member.

Where a student requests a leave of absence from the university due to pregnancy, childbirth, or related issues, the university will grant leave for so long as the student’s physician deems it medically necessary. The university will allow students to return from leave in the same status as when they left. Whether this means direct continuation of a course or program already in progress, or permitting the student to re-take the course, will depend on specific circumstances.

Can I receive an accommodation because I need to care for young children?

University employees who qualify for FMLA coverage are entitled to up to twelve weeks of unpaid leave per year for various qualifying events, which include the care of a newborn child –or newly placed adopted or foster child—for up to one year after birth or placement. Additionally, covered employees may take FMLA leave to care for immediate family members, including but not limited to minor children, who have serious health conditions.

Generally, university policies mandating leave and other accommodations for students are limited to pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery, and do not extend to subsequent childcare issues. In some cases, individual university departments or units may elect to take steps on a voluntary basis to accommodate students experiencing short-term childcare related issues, but this is not required by policy.

How and when should a pregnancy accommodation request be submitted?

When possible, it is best to seek pregnancy accommodations as soon as you and your physician foresee likely issues, even if they do not yet impose major limitations. While an accommodation generally should not be utilized until it is actually necessary, advance notice of likely issues can allow the university to pre-approve an accommodation and inform the necessary faculty or staff to ensure a smoother transition if and when they arise.

We understand that it may be impossible to predict complications and limitations stemming from pregnancy and will endeavor to respond to requests on short notice when feasible. But where advance notice can be provided, it is recommended.

Who at MSU should I contact to submit a concern or complaint related to pregnancy issues?

That depends on your status and the specific concern you seek to address.

• If you are a student seeking an accommodation due to pregnancy or childbirth, you should contact the Office of Civil Rights Compliance at 662-325-5839 or at titleix@msstate.edu. You can submit a request for accommodations to OCRC using Pregnancy Accommodations Request form. Depending on the nature of the request, it may be processed by OCRC or referred to MSU’s Disability Resource Center.

• If you are a student seeking an excused leave of absence from the university due to pregnancy, childbirth, or related issues—but not due to any disability or other specific condition—you should contact the Office of Civil Rights Compliance at 662-325-5839. We can assist you in submitting this request to the appropriate university units.

• If you are an employee seeking a job-related accommodation due to a pregnancy or childbirth-related condition or disability, you should contact MSU Human Resources Management at 662-325-3713. You can also use the university’s Disability Accommodation Request Form for employees.

• If you are an employee seeking leave due to childbirth, placement of a child, or another qualifying event under the FMLA, you should notify your supervisor of that request as promptly as possible. If you have questions about requesting FMLA leave, you should contact MSU Human resources management at 662-325-3713. You can find additional information about FMLA Leave Requests at the MSU HRM website.

• If you believe you have experienced discrimination or harassment related to pregnancy, childbirth, or a related condition—or have concerns or questions that are not listed above—you should contact the Office of Civil Rights Compliance at 662-325-5839. OCRC can investigate and recommend remedial actions as appropriate.

I am an instructor who has received a pregnancy-related accommodation request concerning a student. How should I respond?

If you are an instructor and have received a pregnancy- or childbirth-related accommodation request from a student, or from the Office of Civil Rights Compliance or Disability Resource Center on behalf of a student, you are required to make reasonable accommodations provided they do not present an undue burden or fundamentally alter the nature of the course or program.

If you are able to fully implement the requested accommodation with no changes, you are free to implement it on your own. No further approval or review is required. If the specific accommodation requested appears to present an undue burden or fundamental alteration, it is imperative that you not simply deny the request. Rather, you should contact the MSU Office of Civil Rights Compliance to facilitate an interactive process by which you and the student attempt to reach a mutually agreeable accommodation. A final determination that a requested accommodation cannot be granted must be made by appropriate personnel pursuant to Operating Policy 91.122. 

I am a supervisor who has received a pregnancy-related accommodation request concerning an employee. How should I respond?

If you are a supervisor and you receive request from an employee for a job-related accommodation related to pregnancy or childbirth, you are required to make reasonable accommodations provided they do not present an undue burden or fundamentally alter the nature of the job. 

Some requested accommodations may be simple to implement. Others may impose a greater burden and thus require more discussion. In either case, you should always contact MSU Human Resources Management, who can facilitate an interactive process by which your unit and the employee attempt to reach a mutually agreeable accommodation pursuant to Operating Policy 60.123.

As a nursing mother who is employed by MSU, am I allowed to pump at work?

MSU is required to provide reasonable break time for an employee to express breast milk each time the employee has a need to pump at work, for one year after the child’s birth.

As with other breaks under the Fair Labor Standards Act (FLSA), the nursing employee must be completely relieved from duty, or the time spent pumping must be counted as hours worked for the purposes of minimum wage and overtime requirements.

For additional information concerning break time for nursing mothers, please review the following University policy: https://www.policies.msstate.edu/sites/www.policies.msstate.edu/files/60227.pdf.

Where can I pump or breastfeed on campus?

In Mississippi, a mother may breast-feed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother's breast or any part of it is covered during or incidental to the breast-feeding.

The University provides mothering or lactation rooms across campus, which are private, functional spaces. For a list of available spaces, please click the following link: https://www.healthpromotion.msstate.edu/initiatives/mothering-rooms.

What if I am a student who is currently breastfeeding?

Students are permitted to use the mothering rooms mentioned above.

If a student or employee has any difficulty utilizing the spaces provided, she should contact the Office of Civil Rights Compliance at 662-325-5839 or at titleix@msstate.edu to discuss her specific circumstances.