Appellate Court Finds That Ohio Employers Must Provide Maternity Leave, Regardless Of Employee’s Length Of Service
March 18, 2009
Under an Ohio Civil Rights Commission (OCRC) proposed rule, employers would be required to allow an employee to take a minimum of 12 weeks leave for "pregnancy, childbirth, and related medical reasons." Employees would be entitled to 12 weeks of maternity leave regardless of their length of service. OCRC's proposed rule was put on hold in December 2007.
Despite OCRC's failure to pass its proposed 12 week maternity leave rule, OCRC continues to argue that reasonable pregnancy leave for all employees is required by Ohio's Pregnancy Discrimination Act. Under an existing OCRC rule, an employee disabled because of pregnancy cannot be fired because the employer offers "insufficient or no maternity leave." Ohio Adm. Code sec. 4112-2-05(G). The existing rule does not specify whether employers may impose a minimum length of service requirement. OCRC has argued that no length of service requirement may be imposed.
OCRC recently defended its position in a case before an Ohio appellate court in Licking County. In Nursing Care Management of America, Inc. v. OCRC, Licking County App. Case No. 08CA0030, the employer had a leave policy that permitted twelve weeks of leave for employees with at least one year of service. A nurse who worked for the employer for eight months requested and was denied maternity leave. The nurse was discharged because she was not eligible for leave under the employer's policy.
OCRC determined that by denying the employee a "reasonable period of time" for maternity leave, the employer violated the Ohio Pregnancy Discrimination Act. The Licking County Court of Appeals agreed. The court reasoned that OCRC's existing rules were consistent with the Act and prohibited an employer from terminating an employee disabled due to pregnancy if the employer provides no maternity leave or insufficient maternity leave, regardless of whether the employee meets a minimum service requirement.
This case approves OCRC's position that reasonable maternity leave must be provided to employees regardless of their length of service. Employers in Ohio may need to provide maternity leave even if the employee does not qualify for FMLA and even if the employer does not provide leave for other conditions. Please contact one of Taft's Labor and Employment attorneys for assistance reviewing leave of absence policies.
Despite OCRC's failure to pass its proposed 12 week maternity leave rule, OCRC continues to argue that reasonable pregnancy leave for all employees is required by Ohio's Pregnancy Discrimination Act. Under an existing OCRC rule, an employee disabled because of pregnancy cannot be fired because the employer offers "insufficient or no maternity leave." Ohio Adm. Code sec. 4112-2-05(G). The existing rule does not specify whether employers may impose a minimum length of service requirement. OCRC has argued that no length of service requirement may be imposed.
OCRC recently defended its position in a case before an Ohio appellate court in Licking County. In Nursing Care Management of America, Inc. v. OCRC, Licking County App. Case No. 08CA0030, the employer had a leave policy that permitted twelve weeks of leave for employees with at least one year of service. A nurse who worked for the employer for eight months requested and was denied maternity leave. The nurse was discharged because she was not eligible for leave under the employer's policy.
OCRC determined that by denying the employee a "reasonable period of time" for maternity leave, the employer violated the Ohio Pregnancy Discrimination Act. The Licking County Court of Appeals agreed. The court reasoned that OCRC's existing rules were consistent with the Act and prohibited an employer from terminating an employee disabled due to pregnancy if the employer provides no maternity leave or insufficient maternity leave, regardless of whether the employee meets a minimum service requirement.
This case approves OCRC's position that reasonable maternity leave must be provided to employees regardless of their length of service. Employers in Ohio may need to provide maternity leave even if the employee does not qualify for FMLA and even if the employer does not provide leave for other conditions. Please contact one of Taft's Labor and Employment attorneys for assistance reviewing leave of absence policies.
