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Oklahoma Maternity and Pregnancy: What you need to know

The Oklahoma Anti-Discrimination Act prohibits discrimination in employment “because of sex,” or “based on sex,” which includes, but is not limited to, pregnancy; childbirth or related medical conditions; women affected by pregnancy. As a result, pregnant women must be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work. The Act applies to employers with 15 or more employees (OK Stat. Tit. 25 Sec. 1101et seq.). A person who is a contractor or subcontractor furnishing material or performing work for the state and agents of that person are also covered by the Act (OK Stat. Tit. 25 Sec. 1301).
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Oklahoma does not have a state law that specifically requires employers to offer pregnancy leave. However, employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities (29 CFR 1604.10). The leave could be with or without pay, or not provided at all, as long as all employees are treated the same in their requests for temporary leave. The PDA covers private employers with 15 or more employees and all state and governmental agencies. According to guidelines issued by the state Human Rights Commission, employers that terminate employees with a temporary disability because of an inadequate leave policy may be in violation of the civil rights law if such a policy has a disproportionate impact on employees of one sex and is not justified by business necessity (OK Admin. Code Sec. 335:15-3-9).
Private employers. Some states have comprehensive laws that ...

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