Legal Question in Employment Law in Ohio

Re: Termination due to Pregnancy leave

It is not clear whether the company can terminate your wife for maternity leave in excess of six weeks. Ohio has the following law that should help, although it begs the question as to whether six weeks is "sufficient." Absent medical complications from the pregnancy, I suspect that six weeks may be considered sufficient and any grant of a request for leave beyond that amount of time would be discretionary.

Here is the Ohio Administrative Code, Section 4112.05.5(G). These are regulations issued by the Ohio Civil Rights Commission under authority of ORC Chapter 4112. The text of Section 4112.05.5(G) is as follows:

(G) Pregnancy and childbirth.

(1) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is a prima facie violation of the prohibitions against sex discrimination contained in Chapter 4112. of the Revised Code.

(2) Where termination of employment of an employee who is temporarily disabled due to pregnancy or a related medical condition is caused by an employment policy under which insufficient or no maternity leave is available, such termination shall constitute unlawful sex discrimination.

(3) Written and unwritten employment policies involving commencement and duration of maternity leave shall be so construed as to provide for individual capacities and the medical status of the woman involved.

* * *

(6) Notwithstanding paragraphs (G)(1) to (G)(5) of this rule, if the employer has no leave policy, childbearing must be considered by the employer to be a justification for leave of absence for a female employee for a reasonable period of time. Following childbirth, and upon signifying her intent to return within a reasonable time, such female employee shall be reinstated to her original position or to a position of like status and pay, without loss of service credits.

OAC Ann.4112-5-05