- Posted
- October 26, 2007
Ohio Civil Rights Commission mandates maternity leave
New mothers working for employers with five or more employees will be entitled to 12 weeks unpaid leave under a new policy approved by the Ohio Civil Rights Commission. (Source: "Ohio Civil Rights Commission approves unpaid maternity leave," Columbus Dispatch, Oct. 25, 2007.) Employers with four or fewer employees, or those who can demonstrate a worker is "economically necessary" would be exempt. For thirty years, state law has stated that women are allowed a reasonable amount of time off for pregnancy, but the commission said that language was too vague. The policy would automatically becomes law "unless it is invalidated by a 10-member legislative committee when it meets later this year. If no action is taken by the Joint Committee on Agency Rule Review, the rule becomes state law within 41 days of being filed." (Source: "Maternity leave to be expanded," Cincinnati Enquirer, Oct. 25, 2007.)
Ohio business leaders said the commission "may have overstepped its authority by attempting to redefine Ohio pregnancy-leave law without approval from the General Assembly." The Ohio Chamber of Commerce said the commission lacks the statutory authority to pass such a rule and disputes the commission's opinion that the new policy can be accomplished at no cost to employers. Tony Fiore, director of labor and human resources policy with the Ohio Chamber of Commerce, said small companies will have to continue paying health benefits to the employee on leave while also hiring temporary workers and holding jobs open for new mothers. Further, he said, the change discriminates against new fathers who might want to take a comparable paternity leave.
