maternity leave info needed for ohio and michigan

i have been on intermintent fmla (reduced hours due to complications with pregnancy) for almost two months. i am due october 24th. what happens if i use up my fmla weeks before i can go back to work? 6 weeks for normal delivery or 8 weeks for a c section? Can my employer fire me? also does ohio's maternity law of mandatory 6 weeks cover this? can i use 12 weeks of fmla plus 6 weeks from ohio's law? i really would like to stay home until january 1st but that would be past my 12 weeks of fmla? what is michigan's maternity leave law? i work in ohio mostly but the main office is in michigan?

1 answer  |  asked Sep 15, 2005 4:31 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Maternity leave is different from leave for pregnancy complications

The federal FMLA and Ohio's Civil Rights rules provide protection for employees who need time away from work for pregnancy related complications and child birth. The FMLA allows leave for a serious health condition and for child birth. You are thus entitled to 12 weeks of leave for pregnancy related complications or child birth or both, but not more than a total of 12 weeks under federal law.

Ohio's Administrative Code, which may soon change, does not currently require leave directly, but instead defines "sex discrimination" as occurring when an employer denies an employee leave, as follows::

* * *

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,

OAC 4112-5-05(2).

Ohio's Code thus does not provide a leave for pregnancy related conditions, but protection from firing if you take a leave for maternity. The amount of leave is that which is "sufficient." Theoretically, a sufficient amount of time could be more than the 12 weeks required by the FMLA.

This rule is changing, however. The Ohio Civil Rights Commission has proposed a new rule that will allow for 12 weeks of maternity leave or pregnancy related complications, as long as the employee's phsycian recommends the leave. This is a controversial rule change, however, and it is not clear whether the Ohio General Assembly will change it or not. Check My Employment Blogger's blog posts for updates on the OCRC's rule change.

If the new rule goes into effect, it would only allow for 12 weeks of medical leave. Thus, in your case, it might actually limit the amount of leave that you can take to 12 weeks.

Do not rely on this answer to exercise your legal rights. This area is changing. I suggest that you discuss your maternity plans with your employer ahead of time. If you feel that your employer is not providing sufficient leave, you may want to contact me. It is much easier to fend off a termination than it is to get rehired.

Best,

Neil.

posted by Neil Klingshirn  |  Sep 16, 2005 08:38 AM [EST]

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