MCO 5000.12E MARINE CORPS POLICY CONCERNING PREGNANCY AND PARENTHOOD

MCO 5000.12E

MPO-40

08 DEC 04

MARINE CORPS ORDER 5000.12E

From: Commandant of the Marine Corps

To: Distribution List

Subj: MARINE CORPS POLICY CONCERNING PREGNANCY AND PARENTHOOD

Ref: (a) SECNAVINST 1000.10

(b) MCO P6100.12

(d) MCO 1510.25C

(e) MCO 1700.24B

(f) MCO P11000.22

(g) BUMEDINST 6320.3B

(h) MCO P1080.40C

(i) MCO P3000.13

(j) NEHC-6260-TM-01, Reproductive/Developmental Hazards

(k) MCO P1300.8R

(l) OPNAVINST 6000.1B

(m) OPNAVINST 3710.7T

(n) BUMEDINST 6320.72

(o) MCO P1040.31H

(p) MCO 1001.45G

(q) MCO P1900.16F

(r) MCO P1040R.35

(s) MCO P1050.3H

(t) MCO P1020.34G

(u) MCO P10120.28F

Encl: (1) Format for Commanding Officer Notification

(2) Health Care Provider Pregnancy Notification to

Commanding Officer/Officer in Charge (CO/OIC)

(3) NAVMED 6260/9 (07-03), Occupational Exposures of

Reproductive or Developmental Concern–Worker’s

Statement

(4) NAVMED 6260/8 (07-03), Occupational Exposures of

Reproductive or Developmental Concern – Supervisor’s

Statement

1. Purpose

. To revise Marine Corps policy and procedures for pregnant

Marines and naval personnel (hereafter identified as servicewomen) assigned

to Marine units regarding the assignment, retention, separation, prescribed

standards of conduct, and medical management of normal pregnancies per

references (a) through (u). This policy also pertains to Marines considering

the adoption of an infant/child and single male parent Marines. For the

purpose of this Order, the procedures for Active Duty (AD) personnel are the

same for Active Reservist (AR).

2. Cancellation

. MCO 5000.12D.

DISTRIBUTION STATEMENT A: Approved for public release; distribution

unlimited.

MCO 5000.12E

08 DEC 04

3. Information

a. As indicated in reference (a), pregnancy is a natural event that can

occur in the lives of Marines and Sailors, and can be compatible with a

successful naval career. There are responsibilities that come with

parenthood, and for those in uniform, these responsibilities require

increased consideration and planning due to military commitments. Marines

are expected to balance the demands of a naval career with their family plans

and responsibilities.

b. The overriding concern for commanding officers (COs), supervisory

personnel, and health care providers responsible for pregnant servicewomen

serving with the Marine Corps is to provide for the health and safety of the

servicewoman and her unborn child while maintaining optimum job and career

performance. Policy and procedures are required to ensure the health,

welfare, and administrative support of pregnant Marines and Sailors, and to

minimize the impact a pregnancy has on operational readiness.

c. If a Marine is pregnant, they are non-deployable. For the purpose of

this Order, a deployment is a contingency operation, an expeditionary

operation, or a normal peacetime (6 or more months) operation.

d. The decisions surrounding parenthood and family matters can best be

made in an environment of concerned leadership. Military responsibilities

require command attention to help Marines fulfill their duty to their unit

and also meet family responsibilities.

e. Pregnancy should not restrict tasks normally assigned to

servicewomen, but may temporarily limit the ability to perform routine tasks

associated with their current military occupational specialty (MOS) and/or

billet, and may require temporary reassignment.

4. Responsibilities

a. Individual Responsibilities

(1) It is strongly recommended that the servicewoman make every

effort to plan her pregnancy to enable her to successfully balance the

demands of family responsibilities and military obligations. Normally, she

will not be reassigned on the basis of pregnancy.

(2) In order to allow commanders the opportunity to solidify and

maintain unit integrity throughout a deployment life cycle, all servicewomen

assigned to deploying units or units already deployed, will report to the

medical department for pregnancy testing no earlier than (NET) 14 and no

later than (NLT) 10 days prior to deployment. A urine pregnancy test is

sufficient for verification. Marines who have undergone hysterectomy or

bilateral tubal ligation are exempt.

(3) During normal peacetime training and all other circumstances, the

servicewoman shall seek confirmation of pregnancy by a military health care

provider (HCP) or civilian HCP in cases of inaccessibility to a military

treatment facility (MTF). She should also report as soon as possible to the

supporting MTF to establish a prenatal care program.

(4) The servicewoman is to notify her CO or Officer In Charge (OIC)

regarding her pregnancy (enclosure (1)) as soon as possible, but no later

MCO 5000.12E

08 DEC 04

than two weeks after diagnosis of pregnancy. This will facilitate planning a

request for replacement, if the servicewoman is in a seagoing/deployable

billet.

(5) The servicewoman is responsible for performing military duties

within the limits established by her pregnancy. She is also responsible for

complying with work site and task related safety and health recommendations

made by appropriate occupational health professionals, including the use of

personal protective equipment.

(6) After delivery, servicewomen will participate in an exercise

program, as soon as medically authorized, to prepare for the physical fitness

test (PFT). No later than 6 months after being returned to full duty by the

HCP, the servicewoman is required to take the PFT and conform to the

acceptable height/weight standards per reference (b). Additional time may be

recommended by HCP and granted, if necessary, due to unique medical

circumstances.

b. Family Care Plan

(1) Any Marine anticipating the responsibilities associated with

parenthood is required to make arrangements for child care to cover regular

working hours, duty, exercises, war, and combat contingency deployment. This

applies to Marine reservists on active duty/inactive duty for training

(ADT/IDT) and upon being mobilized.

(2) All single servicemembers and dual military couples with eligible

family members are responsible for initiating a formalized family care plan

per reference (c). A completed family care plan will certify that family

members will be cared for during the Marine’s absence. It will also identify

the designated legal guardian of the eligible family member(s), as well as

the logistical, relocation, and financial arrangements.

(3) Marines are advised to contact their local Marine Corps Community

Service (MCCS) Marine and Family Services programs center and legal

assistance office for help in developing a family care plan. The Marine may

complete a DD 2606, Request for Child Care Record, to place the newborn child

or soon to be adopted child on the waiting list for childcare. This form is

available online through the following website:

http://www.dior.whs.mil/forms/DD2606.PDF.

c. Education of Marines

(1) The Marine Corps will provide education on the policies contained

in this Order to all Marines, male and female, upon initial entry, and

throughout their service in the Marine Corps to stress the importance of

family planning and the responsibilities of parenthood.

(2) Per reference (d), COs will provide appropriate training as part

of their units' orientation and annual troop information programs to ensure

that all Marines are aware of the contents of this Order, and the broad range

of medical, legal, financial, religious, and other services available to

assist and encourage all Marines in making family life decisions that are

supportive of both service obligations and their parental responsibilities.

MCO 5000.12E

08 DEC 04

(3) Per reference (e), appropriate family life education and

counseling will be made available at MCCS centers throughout the Marine Corps

to assist those who seek it in planning for and carrying out the

responsibilities of parenthood.

(a) Marines will be afforded the opportunity to take advantage of

available legal assistance for advice regarding their options in establishing

paternity or seeking child support.

(b) Staff at the MCCSs, MTFs, and chaplains are available to

provide counseling in preparation for pregnancy and parenthood, and give

ongoing support and counseling for families to help them meet the

requirements of the workplace and home. Services such as the New Parent

Support Program, MCCS, child development programs, marriage preparation

workshops, and personal financial management classes are available.

Participation in these and similar programs should be highly encouraged for

all Marines facing the challenges of parenthood.

d. Billeting

(1) Per reference (a), a pregnant active duty servicewoman with no

family members may reside in bachelor quarters for her full term. If the

pregnant servicewomen requests, the host commander may authorize her to

occupy off-base housing up to her 20

week of pregnancy. From the 20th week

onward, the host commander must approve a request to occupy off-base housing.

(2) Per reference (f), single pregnant servicewomen may request

government housing, based on availability, before the birth of the child.

However, they will not be authorized to move in to housing until after the

birth of the child. However, they will not be given special treatment (i.e.,

head of line privilege on the base housing list). These policies allow

single pregnant servicewomen to have their name on the housing list without

waiting for the birth of the baby.

(3) Payment of basic housing allowance (BAH) will be per applicable

pay and entitlement regulations. All approvals for allowances will be filed

in the service record book (SRB)/officer qualification record (OQR) until

such time as the approved Navy/Marine Corps (NAVMC) 10922 dependency

application is completed, or the member is no longer entitled to BAH. Upon

removal, the approval is retired to the command’s correspondence files.

5. Notification Procedures

a. All pregnant servicewomen and Marines of either gender adopting a

child, regardless of component/grade (except Individual Ready Reserve (IRR)

and Standby Reserve Marines), will notify their commanding officer/

Commanding General, Marine Corps Mobilization Command (MOBCOM) (the latter by

Individual Mobilization Augmentee (IMA) personnel only) in writing within 2

weeks of medical confirmation of pregnancy or 1 month prior to obtaining

legal custody of the adopted child. The notification letter will be

formatted per enclosure (1).

b. A copy of the notification letter will be retained in the Marine's

SRB/OQR until the completion of the deployment deferment period (see

paragraph 8d). Per enclosure (1), notification shall include the following:

MCO 5000.12E

08 DEC 04

(1) A statement that the service member understands the requirement

to make arrangements for child care to cover regular working hours, duty,

exercises, war, and combat contingency deployment. This applies to Marine

reservists on ADT/IDT and Marines in the Selected Marine Corps Reserve (SMCR)

upon being mobilized.

(2) In the case of servicewomen in the active component, active

Reserve (AR), or a Reserve Marine on extended active duty (EAD), a statement

that conveys the understanding that she remains eligible for reenlistment and

will serve on active duty until the expiration of her active service

obligation is required. A SMCR Marine will provide a statement that conveys

that she will remain in the SMCR or request transfer to the IRR as applicable

according to paragraph 18a.

(3) A statement of understanding that the servicewoman may request

separation. In the case of pregnancy, she may remain eligible for medical

care in limited circumstances per reference (g). The medical care will

include prenatal, delivery, and postnatal care at an MTF, applicable to

active component/AR Marines only. If the servicewoman feels that extenuating

circumstances exist which preclude further service, the notification should

include a request for separation per paragraph 18 of this Order. The request

for separation may be submitted after the initial notification. In the case

of the SMCR member, when retention is deemed medically inadvisable, transfer

to the IRR to satisfy the term of service for which the servicewoman is

obligated is authorized.

(4) A statement that the servicewoman/Marine understands she/he will

be available for worldwide assignment and that there is no guarantee of

special consideration in duty assignments or duty stations based solely on

her pregnancy or the fact that she/he will have an eligible family member,

except as provided for in this Order. This statement is not applicable to a

SMCR servicewoman.

(5) A statement that the servicewoman/adopting Marine is aware of the

limitations of eligibility for family housing and shipment of household goods

(applies to active duty, active Reserve, and Reserve Marines serving on EAD

as lance corporals and below only).

(6) A statement that the servicewoman will advise the command of any

unexpected changes in her medical status and will return to full duty as soon

as medically authorized.

(7) A statement that the servicewoman understands that, as soon as

medically authorized by an HCP, she will commence physical training in

preparation to pass the Marine Corps PFT and conform to acceptable weight

standards per reference (b) no later than 6 months following her return to

full duty.

c. HCP Notification of Pregnancy to Commanding Officer

. Upon

confirmation of pregnancy by an HCP, written notification (enclosure (2)) of

the servicewoman’s condition will be directed to the servicewoman’s CO. The

HCP notification letter is to be submitted as an enclosure to the

servicewoman’s notification letter to the CO. The notification letter will

include the estimated date of delivery and a determination as to whether any

medical reasons exist that make remaining in a full duty status or in the

Marine Corps Reserve inadvisable. For purposes of this Order, medical

certification of pregnancy by a civilian physician is acceptable.

MCO 5000.12E

08 DEC 04

6. Reporting Requirements

a. A servicewoman whose pregnancy is confirmed will be reported into the

Marine Corps Total Force System (MCTFS) per reference (h). Duty limitations

for a pregnant Marine will be reported as DU LIMIT PREGNANCY (limitation code

“N”) for the period of pregnancy, DU LIMIT MEDICALLY NONDEPLOYABLE

(limitation code “D”) for the convalescent period following pregnancy and 157

015 DU LIMIT ADMINISTRATIVELY NONDEPLOYABLE (limitation code “TTC”) for the

deferred deployment period. The HCP Pregnancy Notification letter will be

the source document for all diary entries related to pregnancy.

b. A servicewoman joined to a Status of Resources and Training (SORTS)

reporting unit and whose pregnancy is confirmed will be reported into SORTS

as non-deployable per reference (i). She will continue to perform normal

duties until an HCP certifies that doing so is medically inadvisable.

7. Assignments

a. The servicewoman shall not be assigned to duties that may adversely

affect her health or the health of her unborn child. In consultation with

the appropriate HCP, the CO shall determine work assignment limitations.

Results of the industrial hygiene site survey, evaluation by the occupational

health care provider, or recommendations by the obstetrical health care

provider may indicate the need for reassignment or work restriction(s) per

reference (j).

b. A servicewoman reassigned due to pregnancy will be returned to the

same billet, in the same command whenever possible, or to an equivalent

billet in a command of the same type following the pregnancy, related

convalescent leave (42 days), or period of deferment. Permanent change of

station (PCS) or temporary additional duty (TAD) orders for school or special

duty (i.e., recruiting, drill instructor, etc.) cancelled due to pregnancy

will be reissued following the pregnancy and convalescent leave period. A

servicewoman who remains qualified is eligible for assignment as long as the

assignment/requirement still exists and a school seat is available.

Competitive selection boards will reconsider the servicewoman during the next

scheduled session. The servicewoman must resubmit the application per

applicable directives, as required.

8. Assignment/Deployment Limitations of Pregnant Marines

a. A pregnant Marine is non-deployable. A servicewoman assigned to a

deployed Marine unit who is confirmed pregnant during deployment aboard ship

will, at first opportunity, be sent to the closest U.S. military facility

that can provide obstetrics/gynecology (OB/GYN) care. The servicewoman will

be returned to her unit's home base at the earliest opportunity via a

medically authorized mode of transportation.

b. Pregnant servicewomen may train with their unit, in conjunction with

advice from their HCP, up to 20 weeks of pregnancy, when the mode of

transportation does not involve transport aboard naval vessels and the

deployment is not a contingency operation.

c. Per reference (k), a servicewoman on an unaccompanied overseas tour

who is subsequently confirmed pregnant during her tour, will be reassigned if

there are inadequate civilian/military medical facilities with obstetrical

capabilities and family housing. The new assignment may be to another

overseas location in order to receive credit for an overseas tour. A

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08 DEC 04

servicewoman has no actual entitlement to family housing until she has an

eligible family member and only then if the CMC (MM) converts the

servicewoman’s unaccompanied tour to an accompanied tour.

d. Servicewomen will not normally be transferred to deploying units from

the time of pregnancy confirmation up to 12 months from the date of delivery.

The Marine may, however, waive the deployment deferment period.

e. A pregnant servicewoman will not be ordered to a family members-

restricted tour. Marines will not be assigned to a family members-restricted

tour for a period of 12 months from the date of delivery. This same

opportunity will be afforded a single parent, or the female parent of a dual

service couple in the case of adoption. The Marine may waive the deferment.

f. Pregnant servicewomen will be deferred from overseas duty if they are

in an advanced stage of pregnancy (greater than 28 weeks) per reference (l).

g. Pregnant servicewomen stationed in CONUS and Hawaii will not be

detached after 36 weeks of pregnancy per reference (l). Specific

instructions relating to PCS orders modifications or cancellations will be

obtained from CMC (Enlisted Assignments Branch (MMEA)/Officer Assignments

Branch (MMOA)/Reserve Affairs Division (RA), as appropriate).

h. Pregnant servicewomen serving overseas may be detached at their

normal rotation tour date (RTD), provided they do not have to fly after the

week of pregnancy per reference (l). Where apparent that the overseas

tour of a pregnant Marine will be involuntarily extended because of her

condition (e.g., delivery date approximates RTD), CMC (MMEA/MMOA/RA, as

appropriate) may authorize early termination of her tour. Normally, CMC

(MMEA/MMOA/RA) will not approve early termination of an overseas-restricted

tour because of pregnancy where the servicewoman has completed less than 9

months of her tour unless directed by a HCP.

i. Shipboard/Aviation Assignment

(1) Shipboard

. Pregnant servicewomen may not embark upon naval

vessels, even when the naval vessel is tied to a pier, after the 20

week of

pregnancy. Prior to her 20

week of pregnancy, a pregnant servicewoman who

is assigned to a ship as part of ship’s company may remain onboard ship if

the time for medical evacuation of the member to a treatment facility capable

of stabilizing obstetric emergencies is less than 6 hours. The 6-hour rule

is not intended to allow pregnant women to operate routinely at sea, but

rather to provide the CO flexibility during short underway periods such as

changes in ship’s berth, ammo anchorages, and transits to and from local

shipyards.

(2) Aviation

(a) Reference (m) discusses the considerations and requirements

regarding pregnant flight personnel. It is imperative that pregnant flight

personnel consult with their flight surgeon when they first suspect they are

pregnant so that appropriate action can be taken to ensure they receive the

necessary prenatal care, and to ensure close monitoring as it relates to the

safe conduct of flight.

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08 DEC 04

(b) Pregnancy is considered disqualifying for designated flight

personnel unless a medical clearance (waiver) to continue on flight status is

granted by CMC (ASM). Waivers may be requested and considered for

uncomplicated pregnancies and are valid only until the start of the third

trimester (28

week). After the start of the third trimester, all flight

personnel are grounded for the remainder of the pregnancy (except for air

traffic controllers, as discussed below). Flying during pregnancy is

prohibited in single-piloted aircraft, ejection seat aircraft, high-

performance aircraft that will operate in excess of 2gs, aircraft involved in

shipboard operations, or flights in aircraft with cabin altitudes that will

exceed 10,000 feet. This essentially limits waivers to flight personnel who

will be flying in transport, maritime, or helo type aircraft with a cabin

altitude of less than 10,000 feet. In addition, if an aircrew member becomes

pregnant during aviation training, she will be grounded until after

completion of the pregnancy. Since participation in aviation physiology and

aviation water survival is not permitted during pregnancy, any aircrew member

whose qualifications expire during the pregnancy will not be cleared to fly

beyond the date of expiration of those qualifications. Aircrew members who

have a complicated pregnancy will be considered for waivers on a case-by-case

basis.

pregnant servicewoman and submitted per the procedures defined in reference

(m) to CMC (ASM) via Naval Operational Medicine Institute Det, Naval

Aerospace Medical Institute (NAVOPMEDINST DET NAVAEROMEDINST (Code 342)),

220 Hovey Road, Pensacola, Florida 32508-1044.

(d) As part of the waiver review process, a local board of flight

surgeons may issue a temporary Aeromedical Clearance Notice (BUMED 6410/2) to

flight personnel following their evaluation and recommendation to CMC for a

waiver. This clearance notice is valid until the waiver request is granted

or denied by CMC (ASM). However, even though a waiver is granted, changes in

the clinical status of the pregnant aircrew member or ergonomic factors that

impact her ability to perform safely in the confines of her aircraft may

require a flight surgeon to alter the decision and ground the aircrew member

in the best interests of the individual and the Marine Corps.

(e) Following the aircrew member’s delivery, recovery, and return

to full duty status by her obstetrician, a flight surgeon shall submit a

post-grounding physical exam to the Naval Aerospace Medical Institute in

order to clear the aircrew member for return to full-flight status.

(f) Air Traffic Controllers

. An uncomplicated pregnancy of an

air traffic controller is not considered physically disqualifying. Duty

modifications during pregnancy are expected and should be managed locally to

accommodate local circumstances and the individual Marine's medical

requirements.

9. General Limitations

a. After confirmation of pregnancy, a pregnant servicewoman shall be

exempt from:

(1) Routine physical training and the PFT during pregnancy and for 6

months following delivery. However, the servicewoman will participate in an

exercise program approved by her OB healthcare provider. A servicewoman

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08 DEC 04

whose pregnancy terminates prematurely or results in a stillborn should

inform her command as ordered in paragraph 5b(6) of this Order and consult

with her OB healthcare provider to determine when it would be advisable to

resume physical training and take the PFT.

(2) Exposure to chemical or toxic agents/environmental hazards that

are determined unsafe by the cognizant occupational health professional or

the health care provider.

(3) Standing at parade rest or attention for longer than 15 minutes.

(4) All routine immunizations except as indicated in reference (l).

(5) Participation in weapons training, swimming qualifications,

drown-proofing, and any other physical training requirements that may affect

the health of the servicewoman/fetus. Diving duty is hazardous and carries

an increased hyperbaric risk to the fetus; therefore, any type of diving

during pregnancy is prohibited.

b. The pregnant servicewoman may be allowed to work shifts.

10. Specific Limitations

. During the last 3 months of pregnancy (weeks 28

and beyond) the servicewoman shall be:

a. Allowed to rest 20 minutes every 4 hours (sitting in a chair with

feet up is acceptable).

b. Limited to a 40-hour workweek. The 40 hours may be distributed among

any 7-day period, but hours are defined by the servicewoman’s presence at her

duty station, and not by type of work performed. Pregnancy does not remove a

servicewoman from watch standing responsibilities, but all hours shall count

as part of the 40 hour per week limitation. In instances where the unit work

week/watch standing requirements exceed 40 hours, the CO, in consultation

with the HCP, must be informed and approve, on a case-by-case basis,

extension of the servicewoman’s work week beyond 40 hours. The servicewoman

may request a work waiver to extend her hours beyond the stated 40-hour week,

if she is physically capable and her OB HCP concurs.

11. Medical Considerations for Work Assignments

a. General

. Few restrictions are required in an uncomplicated pregnancy

of a physically fit, trained servicewoman working in a safe environment.

b. Work Reassignment

. The servicewoman shall not be assigned to duties

where she may be exposed to a reproductive/developmental hazard to herself,

or other, including her developing fetus. A pregnant servicewoman’s

duties/occupation may cause or exacerbate symptoms such as lightheadedness or

nausea. In consultation with the appropriate HCP, the CO shall determine

work assignment limitations. The results of the industrial hygiene site

survey, evaluation by the occupational HCP, or recommendations of the OB HCP

may indicate the need for reassignment or work restriction(s) per reference

(j). Common restrictions from duty fall into the following categories:

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(1) Medical

. Clinical conditions as identified by the servicewoman’s

OB HCP.

(2) Environmental

. The work environment may expose a pregnant

servicewoman to potential health hazards. The occupational HCP will

determine appropriate restrictions as detailed in reference (j).

(3) Ergonomic

. Instances where there may be no obvious medical

contraindications, but where the individual’s physical

configuration/abilities prohibit participation (such as lying in a prone

position for weapons qualifications, certain duty aboard ships, etc.) or

where nausea or fatigability would be hazardous to the servicewoman, the

unborn child, or other servicemembers of the unit.

(4) Other

. Areas of questionably harmful effects such as chemical,

biological, radiological and nuclear effects (CBRNE) training, a regular unit

physical training program and certain unit qualification tests or hands on

elements of skills qualification tests.

12. Inoculations

a. It has been determined that live virus immunizations can be hazardous

to an unborn child if conception occurs within 3 months of vaccination.

b. Medical personnel will ask servicewomen if they are pregnant (lab

testing is NOT required). If the answer is YES, the immunization is to be

deferred. If the answer is MAYBE, refer the servicewoman for evaluation. If

the answer is NO, immunize the servicewoman.

c. If live virus vaccine is administered, servicewomen are to be

counseled to avoid becoming pregnant for 3 months. This counseling will be

documented in the servicewoman’s health record.

13. OB/GYN Care - General

a. Per reference (a), servicewomen assigned to imminently deploying

units or positions (defined as scheduled to deploy within 3 months) will be

given priority over other active duty personnel receiving routine OB/GYN care

in all medical facilities.

b. Active duty servicewomen may obtain OB/GYN care at civilian hospitals

in limited circumstances per reference (g). This is not a routine option,

and servicewomen should be familiar with the specific procedures for seeking

civilian care to avoid significant financial liability for which there is no

reimbursement. References (l) and (n) provide detailed information regarding

civilian maternity care.

14. Convalescent Leave

a. The servicewoman’s CO may grant a period of convalescent leave for an

active duty servicewoman who is not fit for duty and requires additional

medical care as recommended by her OB HCP. The length of convalescent leave

will normally be 42 days after discharge from the MTF following any

uncomplicated vaginal delivery or cesarean section. The servicewoman may

terminate leave earlier with approval from an HCP.

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08 DEC 04

b. It is the responsibility of the servicewoman to report any

complications or medical problems that she has experienced during

convalescent leave to her attending physician. The attending physician may

then recommend an extension beyond the standard 42 days based on the

servicewoman’s clinical circumstances. The HCP must certify that the patient

is not fit for duty, will not need hospitalization during the contemplated

convalescent leave period, and that such leave will not delay the final

disposition of the patient. The servicewoman’s permanent command must be

notified of this recommendation.

15. Support of Servicewomen With Nursing Infants

a. Servicewomen who desire to continue breastfeeding upon return to duty

will notify their chain of command at the earliest possible time to allow the

command to determine how best to support them and facilitate the prompt

evaluation of the workplace for potential hazards.

b. When possible, the servicewoman who continues to provide breast milk

to her infant upon return to duty shall be, at a minimum, afforded the

availability of a clean, secluded space (not a toilet space) with ready

access to a water source for the purpose of pumping breast milk.

c. The time required for breast milk expression varies and is highly

dependent upon several factors including the age of the infant, amount of

milk produced, pump quality, the distance the pumping location is from the

workplace, as well as how conveniently located the water source is from the

pump location. Supervisors and lactating servicewomen will collaborate to

keep to a minimum the amount of time required for milk expression. Lactation

consultants are available at the MTF to assist in this endeavor.

16. Adoption

a. Infants Placed for Adoption

. Pregnant servicewomen intending to

place their infant for adoption are not eligible for OCONUS assignment until

delivery and adoption requirements are completed. Initial guidance and

assistance for placing infants for adoption can be obtained from the local

Marine Corps Legal Assistance Office (MCLAO). Servicewomen intending to

place their infants for adoption will meet with the appropriate legal counsel

and placement agencies to ensure specific state requirements are followed.

b. Marines Adopting an Infant/Child

. The CO may authorize up to 10 days

permissive TAD for any Marine adopting a child, dependent on the unit's

mission, specific operational circumstances, and the Marine's billet. This

authorization extends to both members in a dual military status. The

permissive TAD period should commence when the child is ready for placement

in order to assist the parent(s) in relocating the adopted child, formalizing

legal requirements, establishing a child care program, and other tasks as

required.

17. Extension of Active Duty/Reenlistment

a. Enlisted Marines, including AR Marines, who are pregnant may

reenlist/extend, provided they are otherwise qualified per reference (o).

b. Per reference (p), pregnant Reserve officers may apply for extensions

of up to 1 year on their current period of obligated service.

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18. Separation from Active Duty

a. Upon medical certification of pregnancy, a Marine may request

separation by submitting an Administrative Action Form (NAVMC 10274) to the

appropriate separation authority as defined by reference (q). References (c)

and (q) provide for separations for the convenience of the Government by

reason of parenthood or by reason of dependency or hardship should a

servicewoman become unable to fulfill military obligations or become

unavailable for worldwide assignment.

b. A pregnant servicewoman may voluntarily request separation; however,

the request will normally be denied unless there are extenuating

circumstances (which the servicewoman can substantiate by demonstrating

overriding or compelling factors of personal need) or there are extraordinary

circumstances of a humanitarian nature that exist. Reference (q) pertains.

c. A servicewoman may not be involuntarily separated on the basis of

pregnancy. However, pregnancy does not bar processing for separation for

other reasons under the appropriate paragraph of reference (q). For example,

a pregnant servicewoman who is being processed for separation based on

misconduct or commission of a serious offense may still be separated on the

latter basis. The care and management of pregnant servicewomen prisoners

confined to a brig shall conform to the requirements of this Order, with the

exception that convalescent leave cannot be authorized. Pregnancy, per se,

does not preclude confinement in a brig as long as appropriate prenatal care

is provided and there is a MTF near the brig that can provide for labor,

delivery, and the management of OB emergencies.

d. During the separation physical examination process, if the HCP

determines that a servicewoman is pregnant, no additional examination; i.e.,

obstetrical exam, is required. Pregnancy does not disqualify a servicewoman

from separating from the military. The servicewoman should be informed

concerning maternity benefits available to her after separation.

e. The servicewoman (active, AR, and reservists on EAD) will provide a

statement of understanding acknowledging eligibility for maternity care

following her release from active duty/discharge. Additionally, per

reference (g), a former servicewoman loses her entitlement to civilian

maternity care regardless of the circumstances. Refer to paragraph 20 of

this Order for details concerning maternity care after separation from active

duty.

f. Separation for pregnancy must be effected no later than 4 weeks prior

to the estimated date of delivery; however, an earlier separation date may be

requested. All such requests must include specific justification for

separation, per reference (q).

g. An officer's request for resignation/release from active duty will

comply with references (l), (r), and (q).

h. COs will forward the servicewoman’s request for separation to the

separation authority with a recommendation for separation or retention on

active duty.

i. To prevent the loss of potential mobilization assets, the separation

authority will screen servicewomen being separated for pregnancy for transfer

to the IRR vice discharge per reference (q).

MCO 5000.12E

08 DEC 04

19. Reserve Marines

a. A pregnant Reserve Marine serving in the SMCR without a service

obligation may transfer to the IRR at her own request. A pregnant Reserve

Marine with a mandatory service obligation must submit a request to transfer

to the IRR, via the appropriate chain of command, to the Commander, Marine

Forces Reserve or Commanding General, MOBCOM (for IMA personnel), as

applicable. An SMCR Marine (either obligor or nonobligor) and a member of

the IRR who desire a discharge must submit a written request to the

Commander, Marine Forces Reserve or Commanding General, MOBCOM (for IMA

personnel), as appropriate.

b. A pregnant Reserve Marine will not be allowed to perform any periods

of Inactive Duty for Training (IDT) within 30 days of her anticipated date of

delivery, nor will a pregnant Reserve Marine be issued active duty orders

(with or without pay) after 28-weeks of pregnancy. The unit commander will

release the Marine from active duty and IDT periods within 30-days of the

anticipated delivery date or annual training after 28-weeks of pregnancy.

Alternate annual training (AT) may be authorized. Prior to the issuance of

orders, medical documentation should be provided that will verify the

estimated date of delivery and that there are no complications that have

arisen since the onset of the pregnancy.

c. After giving birth, a Reserve servicewoman will not be required to

perform active duty for 4 months (applies to those Marines not on EAD) or IDT

for 6 weeks after giving birth.

(1) This policy is also applicable to single female parents and one

parent of a dual service couple in the case of adoption. In the case of

adoption, the 4-month/6-week period (as applicable) starts after the actual

effective date of the adoption of a child.

(2) The reservist may waive any part of the deferment period. If the

deferment is not waived and the unit performs AT, the reservist will attend

an alternate AT.

20. Maternity Care After Separation

a. Under the law, neither the military departments nor TRICARE have the

authority to pay civilian maternity care expenses for former servicewomen who

separate from active duty while they are pregnant, regardless of the

circumstances requiring the use of civilian facilities. A former

servicewoman loses her entitlement to all civilian maternity care at military

expense upon the effective date of separation as shown on DD Form 214 (DD

Form 214). Prior to separation, a servicewoman should be encouraged to

consult with a health benefits advisor for current information regarding

health benefits available to former active duty personnel.

b. Active duty and Reserve members who are pregnant upon separating from

active duty under honorable conditions with a DD Form 214 have several

options available for maternity benefits. The options are as follows:

(1) Pregnant servicewomen who are separating from active duty may

purchase temporary civilian health insurance through the Continued Health

Care Benefit Program (CHCBP). CHCBP is a DoD-sponsored health insurance

program that is available to honorably discharged service members and can

provide coverage for 18 to 36 months following separation. CHCBP provides

MCO 5000.12E

08 DEC 04

health care coverage for pre-existing conditions, which include pregnancy.

The service member must enroll in the program within 60 days following

discharge from active military service. Additional information on CHCBP is

available at www.humana-military.com.

(2) The service secretaries (under special administrative authority)

allow former servicewomen, who are pregnant and separate under honorable

conditions, to receive maternity care through the Ex-Service Maternity Care

Benefit. This benefit provides for prenatal care, delivery, and up to 6

weeks of postnatal care at an MTF per reference (g). The decision to grant

the servicewoman this benefit is determined by the MTF CO and is based on the

capability of the MTF to provide maternity care on a space available basis.

Servicewomen must present their DD Form 214 to the Health Administration

Office of the MTF when applying for maternity care. The following criteria

should be considered when making the decision:

(a) The servicewoman presents documented evidence that reflects

that a physical examination given at an MTF demonstrates that she was

pregnant prior to her separation from active duty.

(b) The MTF to which she applies for care has the capability of

providing maternity care. Many MTFs cannot provide maternity care. A

pregnant servicewoman who elects to leave the service must first consider the

distance between her home and the nearest MTF that does have maternity care

capability. She must consider the possibilities of premature delivery or

other emergency maternity care needs. These factors could unexpectedly force

her to use a civilian source of care. Should that happen, neither the

military departments, TRICARE, nor the Veterans Administration (VA) has

authority to pay civilian maternity care expenses, regardless of the

circumstances necessitating use of civilian care for either the ex-

servicewoman or her newborn infant. The servicewoman should be aware that if

the newborn infant requires care beyond that which is available at the MTF,

it may be necessary to transfer the infant to a civilian source of care

(e.g., neonatal care) and these expenses will be the servicewoman’s personal

financial responsibility. However, every effort will be made to send the

infant to an MTF.

service, a pregnant servicewoman should contact the Health Benefits Advisor

of the MTF that she plans to use, to determine if the:

facility provides maternity care,

facility is close enough to her planned place of residence

to provide her assurance that, barring emergency requirements, she can reach

it expeditiously at the time of birth, and

facility’s workload will permit acceptance of her case.

(3) Pregnant active duty and Reserve servicewomen separating from

active duty under honorable conditions with a DD Form 214 or who possess a DD

Form 214 from prior military service are eligible for maternity care through

the VA health system. VA facilities are using enhanced sharing authority to

contract for obstetrical services to include prenatal care, childbirth, and

post-partum care. In some cases, some of the expenses incurred may be the

MCO 5000.12E

08 DEC 04

responsibility of the servicewoman. This benefit does not, at this time,

cover care of the newborn. Prior to separation, servicewomen should contact

the women veterans’ coordinator for the area in which they will be residing

to expedite the administrative process for eligibility. The women veterans

coordinators directory, eligibility requirements, and other benefits can be

located on the following website; http://www.va.gov/womenvet/.

(4) Pregnant active duty and Reserve servicewomen (who are separating

from active duty after being called up or ordered in support of a contingency

operation for an active duty period of more than 30 days) may be eligible for

the Transition Assistance Management Program (TAMP). This Program offers

transitional TRICARE coverage for eligible beneficiaries. The servicewomen

should consult with a health benefits advisor for current information

regarding this health care benefit.

21. Action

a. Commanding officers will:

(1) Maintain a command environment that promotes the education of

male and female Marines concerning the enduring individual responsibilities

of family planning and parenthood.

(2) Thoroughly counsel each pregnant servicewoman (and their partner

in the case where both are in the same command) on the contents of this

Order.

(3) Ensure that deploying servicewomen assigned to their unit/

command report to the medical department for pregnancy testing NET 14 and NLT

10 days prior to deployment in order to prevent the deployment of a pregnant

Marine.

(4) Ensure that a pregnant servicewoman who has the potential for

exposure to occupational reproductive/developmental hazards in the workplace

is afforded the opportunity for counseling by an occupational health care

provider per reference (j). The occupational exposures of Reproductive or

Developmental Concern questionnaires (enclosures (3) and (4)) shall be

completed by the pregnant servicewoman and command supervisory personnel

knowledgeable of the servicewoman’s workplace. If potential for exposure to

a developmental hazard is present in the workplace, or if naval activities

have not determined the possibility of such potential, the command shall

arrange for an occupational health care provider to evaluate the servicewoman

as soon as possible. If the most recent industrial hygiene site survey

documents that no potential for exposure to a developmental hazard exists in

the workplace, then an occupational medicine evaluation should occur if

either the pregnant servicewoman or the CO requests it. A copy of the

appropriate sections of the completed evaluations should be placed in the

servicewoman’s medical record and in the servicewoman’s command safety office

file.

(5) Ensure that a pregnant Marine is not required to perform duties,

including physical training that, in the opinion of the HCP, are hazardous to

her or the unborn child.

(6) Ensure that a servicewoman who will become a single parent and

Marines who are members of a dual military couple residing in a joint

household are counseled regarding the availability of government housing

(especially in high cost areas).

MCO 5000.12E

08 DEC 04

(7) Ensure that pregnant servicewomen may deploy in conjunction with

advice from the HCP, per paragraph 8 of this Order. These determinations

will be made on a case-by-case basis and will be dependent on the unit's

mission, the servicewoman’s billet, available medical support, and medical

authorization.

(8) Ensure that a servicewoman returns to a normal duty assignment

commensurate with her grade, MOS, and the unit's requirements when the HCP

certifies that the servicewoman is medically qualified for full duty.

This will normally occur after the 42 days convalescent leave period

following an uncomplicated delivery. A servicewoman needing additional

personal time, after being medically certified fit for duty, may be granted

annual leave per reference (s).

(9) Ensure that pregnant servicewomen are not adversely evaluated or

receive adverse fitness reports or evaluations as a consequence of pregnancy.

Pregnancy shall not be mentioned in the comments section. Weight standards

exceeded during pregnancy are not cause for adverse fitness reports or

evaluations. Pregnant servicewomen who have recently delivered, who are

otherwise fully qualified for and desire reenlistment, but who exceed

acceptable weight standards per reference (b) will be extended for the

maximum of up to 6 months after delivery.

(10) Ensure that a servicewoman whose pregnancy terminates

prematurely, or results in a stillbirth, provides documentation from a HCP

that she is fit for full duty. A command climate of concerned leadership is

essential in helping the servicewoman impacted by these types of traumatic

events.

(11) Ensure that male and female Marines are afforded the opportunity

to take advantage of available legal assistance for advice regarding their

options in establishing paternity. Absent a court order or other competent

authority, the servicemember will not be compelled to have a paternity test.

Department of the Navy medical facilities do not pay for paternity testing.

Paternity testing will be obtained at the servicemember’s expense.

b. Commanding officers may:

(1) Authorize (per servicewoman’s request) a pregnant servicewoman to

occupy off-base housing and be paid BAH up to her 20

week of pregnancy, per

reference (a). From the 20th week onward the host commander must approve a

request to occupy off-base housing. (See paragraph 4d of this Order.)

(2) Authorize a pregnant servicewoman to wear either the maternity or

camouflage work uniform when it is determined that the standard uniforms can

no longer be worn. The servicewoman is expected to wear regular uniforms

upon returning from convalescent leave; however, COs may approve the wearing

of maternity uniforms up to 6 months from the date of delivery based on an

HCP’s diagnosis and/or recommendations. Reference (t) prescribes regulations

regarding the wearing of the maternity uniform. Reference (u) prescribes

regulations regarding the procurement of the maternity uniform. The CO may

authorize a servicewoman to wear the utility uniform in lieu of the maternity

uniform during early pregnancy and after return to duty when the uniform of

the day is normally Service "C", "B", or Blue Dress "D".

MCO 5000.12E

08 DEC 04

c. HCP

(1) The HCP is responsible for ensuring the privacy of the

servicewoman while at the same time safeguarding both her welfare and that of

the unborn child.

(2) When pregnancy is confirmed, there are related matters not

strictly medical, about which the HCP is called upon to aid in rendering a

decision. Each HCP, with the responsibility for pregnancy confirmation

and/or prenatal care, should be familiar with the administrative and command

requirements related to pregnant servicewomen.

(3) The HCP is responsible for reviewing, in its entirety, reference

(l) which provides detailed information concerning the administrative and

medical management of pregnant servicewomen and includes the following:

(a) HCP responsibilities

(b) Immunizations

(d) Problem pregnancy

(e) Medical holding company

(f) Admission to MTF

(g) LIMDU boards

(h) Quarters-OB status

(i) Hospitalization

(j) Postnatal care

(k) Termination of pregnancy

d. DC, Manpower & Reserve Affairs (M&RA)

(1) Manpower Management Information Systems Division (MI) will assist

in extracting information from the Operational Data Store enterprise (ODSE)

on the number of discharges for pregnancy by fiscal year (FY). This will

assist the Manpower Integration & Analysis Section (MPP-50), in studying the

issues surrounding pregnancy and Director, Manpower Plans & Policy Division

(MP) in meeting the reporting requirements per reference (a).

(2) MP Division has cognizance on the policy contained in this Order.

They will coordinate the effort to meet the reporting requirements to

Assistant Secretary of the Navy (M&RA) per reference (a).

e. DC, Aviation (AVN)

. Will ensure that procedures for managing

requests for flight waivers are disseminated throughout the aviation

community and remain in accordance with reference (l).

MCO 5000.12E

08 DEC 04

f. Director, Health Services (HS)

. Will collaborate with BUMED in the

development, maintenance, change, and promulgation of policy regarding the

medical management and medically related administrative issues concerning

pregnant servicewomen.

g. Chaplain of the Marine Corps (REL)

. Will ensure that COs and Marines

are supported by chaplains fully prepared to provide counsel and advice

concerning issues of faith and character, parental responsibilities, personal

decisions, and core values per reference (a).

h. Staff Judge Advocate to CMC (SJA)

. Will coordinate to ensure that

appropriate judge advocates provide legal assistance relating to Marines'

options in establishing paternity and obtaining child support.

i. CG MCCDC

. Will ensure classes in sexually responsible behavior are:

(1) Presented during entry-level training to both officer and

enlisted Marines.

(2) Incorporated as part of the leadership training presented in all

PME courses.

(3) Additionally, the CG MCCDC will ensure the policy contained in

this Order and classes on sexually responsible behavior are incorporated into

the annual training requirements contained in the Marine Corps Common Skills

Program.

(4) Additionally, TECOM will ensure Marines are properly educated at

entry-level training, Professional Military Education (PME) courses, and

annually in Troop Information Programs on the following subjects:

(a) Core Values.

(b) Expectations regarding responsible behavior.

our Marines in making decisions that are supportive of both service

obligations and parental responsibilities.

22. Reserve Applicability

. This Order is applicable to the Marine Corps

Total Force.

W. L. NYLAND

Assistant Commandant

of the Marine Corps

DISTRIBUTION: PCN 10207020800

Copy to: 7000110 (55)

7000260 (2)

7000144/8145001 (1)

MCO 5000.12E

08 DEC 04

FORMAT FOR COMMANDING OFFICER NOTIFICATION

5000.12

Date

From: Servicewoman’s Grade, Full Name, SSN/PMOS, USMC(R)

To: Commanding Officer

Subj: FORMAT FOR SERVICEMEMBER NOTIFICATION OF PREGANACY/ADOPTION TO

COMMANDING OFFICER

Ref: (a) MCO 5000.12E

(b) MCO 1740.13A

(d) BUMEDINST 6320.3B

Encl: (1) Medical Certification of Pregnancy

(2) Separation Request (only if applicable)

1. I have been fully counseled and understand the contents of reference (a)

and provide the following information:

a. This is to notify the command of my pregnancy. A medical certificate

of pregnancy is provided as enclosure (1) and includes the estimated date of

delivery and whether any medical reasons exist which make remaining in a full

duty status inadvisable.

b. I understand that I am responsible for making arrangements for child

care during regular working hours, duty, exercises, war or combat contingency

deployment, etc., and will develop a Family Care Plan per reference (b).

(Applies to Active Component, AR, and Reserve Marines serving EAD only.) I

understand that I am responsible for making arrangements for child care

during periods of active duty/inactive duty for training and upon

mobilization. (Applies to SMCR Marines only.)

c. I understand that I remain otherwise eligible for reenlistment and

will serve on active duty until the expiration of my active service

obligation. (Applies to Active Component, AR, and Reserve Marines serving

EAD only. A SMCR Marine will indicate that she will remain in the SMCR.)

d. I understand that I may request separation per reference (c) and may

remain eligible for maternity care until the birth of my child in limited

circumstances per reference (d). Select only one of the following two

sentences:

Option A: If I feel that extenuating circumstances exist which

preclude my further service, I understand that I must request for

separation per paragraph 18 of reference (a).

Option B: Since I feel that extenuating circumstances exist which

preclude my further service, enclosure (2) is my request for

separation per paragraph 18 of reference (a).

ENCLOSURE (1)

MCO 5000.12E

08 DEC 04

Subj: FORMAT FOR SERVICEMEMBER NOTIFICATION OF PREGANACY/ADOPTION TO

COMMANDING OFFICER

e. I understand that I remain available for worldwide assignment and

that there is no guarantee of special consideration in duty assignments or

duty stations based solely on my pregnancy or the fact that I will have a

dependent, except as provided for in reference (a).

f. I am aware of the limitations of eligibility for dependent housing

and shipment of household goods (applies to Active Component, AR, and Reserve

Marines serving on EAD as E-4’s and below).

2. I will advise the command of any unexpected changes in my medical status

and will return to full duty as soon as medically authorized.

3. I understand that I must be prepared to pass the Marine Corps Physical

Fitness Test and conform to the acceptable weight standards no later than 6

months following my return to full duty. I will commence physical training as

soon as medically authorized.

________________________________

Service member’s Signature

_________________________________

Counselor’s Signature

ENCLOSURE (1)

MCO 5000.12E

08 DEC 04

HEALTH CARE PROVIDER PREGNANCY NOTIFICATION TO

COMMANDING OFFICER/OFFICER IN CHARGE (CO/OIC)

FOR OFFICIAL USE ONLY (When Filled In)

Date_______________

From: __________________________________

MTF/Health Care Provider

To: ____________________________________

Commanding Officer/Officer-in-Charge

Subj: __________________________________

Member’s Name

Ref: (a) MCO 5000.12E

1. This is to notify you that a member of your command, _______________, is

pregnant. Using current dating information, her estimated date of conception

is ________________________. This would make her 20

week about

______________________ and her 28th week about _____________________________.

2. Please refer to reference (a) which provides current administrative

guidance concerning pregnant servicewomen. This guidance is intended to

promote uniformity in the medical-administrative management of pregnancies

for women in the Marine Corps and assigned to Marine units.

3. Pregnancy is a condition that includes a range of physiological changes

that can potentially lead to clinical findings that would result in your

command having to modify the servicewoman’s job function/working hours. In

addition, certain unforeseen conditions related to the pregnancy may arise

that could warrant specific medical interaction and further physical

limitation of the servicewoman’s activities.

_____________________

Signature/Rank

ENCLOSURE (2)

MCO 5000.12E

08 DEC 04

MCO 5000.12E

08 DEC 04