Ohio Maternity and Pregnancy: What you need to know

The Ohio Fair Employment Practice Law prohibits employment practices that discriminate on the basis of pregnancy or any pregnancy-related illness or condition (OH Rev. Code Sec. 4112.01et seq.). Women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes, including receipt of employee benefits, as are other employees who are temporarily disabled but similar in their ability to work. The law covers private employers with four or more employees and all state and local government agencies, regardless of size.
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Generally, an employer must treat disability due to pregnancy or childbirth in the same manner as it treats other temporary leave. If an employer has no leave policy, childbearing must be considered by the employer to be a justification for a leave for a reasonable period of time. If an employer has no leave policy, female employees are entitled to take leave for a “reasonable period of time” for pregnancy and childbirth. OH Admin. Code Sec. 4112-5-05).
According to the Ohio Supreme Court, state discrimination law does not prohibit the uniform application of length-of-service requirements in leave policies, whether applied to leave necessitated by pregnancy or otherwise (McFee v. Nursing Care Mgmt. of Am., Inc., 126 Ohio St. 3d 183 (Ohio 2010)).
Some states have family or parental leave laws that require private employers to provide a leave of absence, separate from pregnancy disability leave, to care for a newborn, but Ohio does not have such a law. However, if an employer does offer family leave, the Ohio Fair Employment Practice Law would most likely be ...

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