---
kind: "section"
citation: "34 C.F.R. § 106.57"
title: "34"
number: "106.57"
heading: "Parental, family, or marital status; pregnancy or related conditions."
url: "https://uscodex.org/cfr/34/106.57"
---

# §106.57. Parental, family, or marital status; pregnancy or related conditions.

- (a) **Status generally.** A recipient must not adopt or implement any policy, practice, or procedure, or take any employment action, on the basis of sex:
  - (1) Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment, which treats persons differently; or
  - (2) That 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 or related conditions.** A recipient must not discriminate against any employee or applicant for employment on the basis of current, potential, or past pregnancy or related conditions.
- (c) **Comparable treatment to other temporary medical conditions.** A recipient must treat pregnancy or related conditions as any other temporary medical conditions 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) **Voluntary leaves of absence.** 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 must treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status 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.
- (e) **Lactation time and space.**
  - (1) A recipient must provide reasonable break time for an employee to express breast milk or breastfeed as needed.
  - (2) A recipient must ensure that an employee can access a lactation space, which must be a space other than a bathroom that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.

## Notes

### Amendments

[89 FR 33896, Apr. 29, 2024]

### Authority

Authority: 20 U.S.C. 1681 et seq., unless otherwise noted.

### Source

Source: 45 FR 30955, May 9, 1980, unless otherwise noted.

### Amendments

[89 FR 33896, Apr. 29, 2024]