Legal Question in Employment Law in Ohio

Re: Maternity Leave/Termination

While you question your entitlement to unemployment benefits, my first concern, after reading your post, is whether your employer violated the Family and Medical Leave Act (�FMLA�) and/or the Pregnancy Discrimination Act (�PDA�) (in addition to applicable Ohio law). Under the FMLA, IF: (1) you had been employed by that employer for at least 12 months; (2) had worked at least 1250 hours during the 12 month period preceding your leave; and (3) your employer has 50 or more employees, you were entitled to 12 weeks of leave (in a 12 month period). If these criteria are met, your employer was required to hold your position open for you.

Under the PDA (applies to employers with 15 or more employees), your employer is required to hold open your position for the same length of time it holds positions open for other employees on sick or disability leave. In other words, the PDA precludes your employer from treating your temporary disability (i.e., pregnancy) differently than it treats other employee disabilities.

If your maternity leave, plus the extra day called off exceeds 12 weeks, then your employer may have had cause to terminate you. Whether that is the case however depends on your employer�s leave policy and if/how it designated any or all of your leave.

As for the unemployment, file a claim as soon as possible because it will not relate back to the date of termination. If your employer disputes the claim on the basis of your alleged voluntary resignation, so be it. You will have an opportunity to provide your side of the story (a forced resignation is the legal equivalent of a termination). If the claim is denied, you will have an opportunity to appeal the decision. Be sure to read everything you receive from the ODJFS very carefully. The documents the ODJFS provides typically provide strict (and short) deadlines relative to the claim/appeal process. Finally, keep a copy of the voice mail referenced in your post.

If you have any additional questions or want clarification based on additional information you can provide as indicated above, feel free to email me at [email protected].