Legal Question in Disability Law in Ohio
Pregnancy Discrimination
Does the Pregnancy Discrimination Act apply to the time I'm on maternity leave or for the time I am unable to work prior to the birth of my baby? The law says that I must be treated like any other temporarily diabled employee, so if other employees were out for surgery and they received 100% paid sick time, should I get 100% paid sick time? If yes, does that only apply to the time I'm off work prior to the birth of the baby or does it include the maternity leave after birth? If I cannot work up to my delivery date, am I a candidate for short term disability?
1 Answer from Attorneys
Re: Pregnancy Discrimination
The "Pregnancy Discrimination Act" actually was a 1978 amendment to Title VII of the Civil Rights Act of 1964. It's basic purpose is to include pregnancy and childbirth as part of the definition of sex discrimination: 42 U.S.C. Sec. 2000e(k) "The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title [42 USCS � 2000e-2(h)] shall be interpreted to permit otherwise."
I assume your employer has a written sick leave policy, and your pregnancy/maternity leave would have to follow those guidelimes.
You may also want to discuss the Family and Medical Leave Act with the Human Resource Director of your company or an attorney, should you choose to go that way.
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