Ohio--Laws Relating to Pregnancy

Ohio--Laws Relating to Pregnancy

OHIO

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Prohibitions against Pregnancy Discrimination

Sex discrimination is an unlawful employment practice. “Because of sex” and “on the basis of sex” include because of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions must 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.
*Applies to employers with four or more employees.

For the text of the statute, click here.[1]

Pregnancy Accommodation

Ohio does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

Ohio does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

A mother is entitled to breastfeed her baby in any location of a place of public accommodation wherein the mother is otherwise permitted. It is unclear whether this authorization extends to a woman’s place of employment.

For the text of the statute, click here.[2]

Family and Childcare Leave Laws

Women who require time away from work on account of childbearing should not be penalized. If a female employee would qualify for leave under the employer’s leave policy, then childbearing must be considered by the employer to be a justification for leave of absence for a reasonable period of time. Conditions applicable to her leave (other than its length) and to her return to employment must be in accordance with the employer's leave policy. If the employer has no leave policy, childbearing is a justification for job-protected leave of absence for a female employee for a reasonable period of time.

For the text of the statute, click here.[3]

State workers who work at least 30 hours per week are entitled to up to six weeks of parental leave after the birth or adoption of a child. Employees may elect to receive two thousand dollars for adoption expenses in lieu of receiving the paid leave benefit provided under this section.  Either parent may use leave.  Parents receive four weeks of leave at 70 percent of their current salary after satisfying a two-week waiting period.  Workers can use accrued paid sick or vacation time during the two-week waiting period and to top off the paid leave benefit, so that they can earn 100 percent of their usual pay during parental leave. Paid parental leave must be taken concurrently with federal FMLA leave.

For the text of the statute, click here.[4]

State workers who earn sick leave are entitled to use it to care for an immediate family member who is ill or disabled by a serious health condition.

For the text of the statute, click here.[5]

Full-time state employees who have worked continuously for the state for at least one year and are disabled for more than 14 consecutive days may take up to 12 months of paid disability leave over the course of their employment; pregnancy-related disabilities are included in this provision. While on disability leave, workers are paid 67 percent of their usual salary.

For the text of the statute, click here.[6]

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum



[1] Ohio Rev. Code Ann. § 4112.01-02

[3] Ohio Admin. Code 4112-5-05

[4] 201 Ohio Rev. Code. Ann. § 124.136

[5] Ohio Admin. Code §§ 123:1-32-05(A)(5)

[6] Ohio Admin. Code §§ 123:1-33-01, 123:1-33-05, 123:1-33-06; Ohio Admin. Code § 123:1-33-05(B)

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