Expanding Your Family? What You Need to Know About Maternity and Paternity Leave in Ohio

Expanding Your Family? What You Need to Know About Maternity and Paternity Leave in Ohio.

If you live in Ohio and are planning to expand your family, it’s important to understand the state and federal parental and maternity leave laws. There are certain employment protections in place for both mothers and fathers when it comes to pregnancy, childbirth, and adoption. Under both Ohio and federal maternity leave laws, parents are provided with a certain amount of job-protected leave — and they must be reinstated to their prior positions upon their return.

Maternity Leave Under the Ohio Civil Rights Act

The Ohio Civil Rights Act applies to all employers with four or more employees. This law prohibits employers from discriminating against or taking adverse action against mothers and fathers because they must take time off for pregnancy, childbirth, or to bond with an adopted child. Employers are required to provide you with a reasonable amount of leave for pregnancy and childbirth as long as you meet your employer’s leave policy requirements. While the law doesn’t define how much time off is “reasonable,” your employer must reinstate you to your position upon your return. The law does not require employers to compensate employees for parental leave.

The Ohio Civil Rights Act also requires employers to:

  • Treat employees with temporary disabilities related to childbirth or pregnancy the same as other employees who have disabilities
  • Provide pregnant employees with the same extend leave, medical insurance, and other benefits under the same terms as other employees
  • Protect employees from harassment in connection with pregnancy or childbirth

Employers are not required to provide unlimited maternity leave, unless they offer unlimited leave to other employees who are in similar positions concerning their ability to work.

Parental Leave Under the Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (FMLA) applies to employers with at least 50 employees within a 75-mile radius. It provides eligible employees (both mothers and fathers) with the right to take up to 12 weeks unpaid leave within a one-year period for the birth or adoption of a child. In order to be eligible to take FMLA maternity leave, you must have been employed by the company for at least 12 months and 1,250 hours in the 12-month period prior to taking the leave.

FMLA maternity leave can be taken intermittently if your employer agrees to this arrangement — in such cases, you are not required to take all 12 weeks of your leave at once. You can use FMLA maternity leave for appointments and prenatal care, as well. In addition, your employer is legally permitted to ask for a doctor’s note or documentation that demonstrates your need for maternity leave. These FMLA certification forms must be provided to your employer within a timely manner.

Parental Leave Laws for Ohio State Employees

Following a recent change in the law, Ohio state employees are now eligible for up to 12 weeks of paid parental leave to care for a newborn or adopted child. They may be compensated during their leave at 70 percent of their regular pay rate. Previously, six weeks were provided to state employees, only four of which were paid. The 14-day unpaid waiting period that commenced on the first day of leave has also been eliminated.

What are Your Rights if Your Employer Violated the Maternity Leave Laws?

If your employer violated the Ohio or federal maternity leave laws, you may be entitled to take legal action. In the event your case falls under Ohio law, you have the right to file a complaint with the Ohio Civil Rights Commission. Depending on the facts of your case, you could seek reinstatement to your job, compensation for damages, back pay, attorney fees, and other monetary damages. You might also be eligible to pursue compensation for emotional distress in connection with the violation. If you can prove that your employer acted maliciously, you may be able to pursue punitive damages in addition to compensatory damages.

Similarly, if the FMLA applies to your case, you can file a complaint with the federal Department of Labor. By prevailing in an FMLA case for a maternity leave law violation, you may be able to recover back wages for any wages you lost, front pay for any future compensation, and liquidated damages — this is an amount equal to the amount of lost back and front pay. The FMLA does not provide for emotional distress or punitive damages.

Maternity leave law violations can be complex. Additionally, you must usually attempt to resolve your case with one of the administrative agencies before you can file a lawsuit. It’s best to have an experienced employment law attorney by your side who can help you navigate the process of filing a maternity leave law violation claim — and recover the compensation you deserve.

Contact an Experienced Ohio Employment Law Attorney

If you have been subjected to a violation of the maternity leave laws, we encourage you to contact us for a free consultation to learn about your legal rights and remedies. The employment law attorneys of Lalak LLC are committed to fighting for the rights of employees who have been wronged by their employers. From our office in Westlake, we proudly serve workers throughout the state of Ohio.