28.530—Marital or parental status.
(1)
Concerning the potential marital, parental,
or family status of an employee or applicant for
employment that treats persons differently on the
basis of sex; or
(2)
Which is based upon whether an employee or
applicant for employment is the head of household
or principal wage earner in such employee's or
applicant's family unit.
(b) Pregnancy.
A recipient shall
not discriminate against or exclude from
employment any employee or applicant for
employment on the basis of pregnancy, childbirth,
false pregnancy, termination of pregnancy, or
recovery therefrom.
(c)
Pregnancy as a temporary
disability. Subject to § 28.235(d), a
recipient shall treat pregnancy, childbirth, false
pregnancy, termination of pregnancy, recovery
therefrom, and any temporary disability resulting
therefrom as any other temporary disability for
all job-related purposes, including commencement,
duration, and extensions of leave, payment of
disability income, accrual of seniority and any
other benefit or service, and reinstatement, and
under any fringe benefit offered to employees by
virtue of employment.
(d) Pregnancy leave.
In the case
of a recipient that does not maintain a leave
policy for its employees, or in the case of an
employee with insufficient leave or accrued
employment time to 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 without pay
for a reasonable period of time, at the conclusion
of which the employee shall be reinstated to the
status that she held when the leave began or to a
comparable position, without decrease in rate of
compensation or loss of promotional opportunities,
or any other right or privilege of employment.