Ohio's New Proposal for Pregnancy Leave

In a move designed to give a better definition of what is "reasonable, the Ohio Civil Rights Commission is proposing a change to the time off given to workers under Ohio's pregnancy-discrimination rule. As it is currently written, the pregnancy time off rule requires a "reasonable" time off to be given by employers. Because the rule is ambiguous, and not easily defined, it has been proposed that the language of the rule be changed to force companies to grant a mandated 12-weeks unpaid leave for child birth or adoption. This time off would be available to workers after the birth of the child, as well as the time leading up to the birth or adoption.

This proposed change brings to focus the ongoing conflict between what is best for the business and what is best for the employees. While many business owners want to do what is right for their employees, there is little clear definition about what that is. Balancing employee benefits and business concerns can be difficult, and sometimes what is best for the business isn't necessarily best for the employees. Cuts in other areas may be made by employers to cover the expense of mandated time off for childbirth. Areas such as paid vacations, sick leave, and personal days may be reduced by some companies.

While most people agree that the first months of a child's life is an important bonding time between mother and child, there is a cost involved in granting time off that must be covered by the employer, and ultimately the other employees and consumers.

Most businesses do not just absorb additional costs. Those costs are passed along to workers in reduced benefits and compensation, and to the consumer in higher prices

With unemployment rates low, competition is great for qualified employees, which increases the cost of finding and training qualified temporary employees. In addition, covering a regular employee with a temporary worker decreases the productivity of that position. These additional costs are especially hard on smaller businesses.

The federal Family Leave Act requires a maximum of 12 weeks of unpaid leave for companies with 50 or more employees, if the worker has been employed a minimum of 12 months. This covers the birth or adoption of a child. The federal rule also covers workers dealing with their own serious illness or injury, and those who need time off to care for a sick relative. The federal law does not cover companies that employ less than 50 workers, or workers who work fewer than 24 hours per week.

The average time off currently provided by companies in Ohio is 8 - 12 weeks.

Under the states pregnancy-discrimination rule proposal, small companies could appeal for a shorter time off if they can prove that the 12-week requirement causes an undue hardship, but as yet there is no clarification of what defines a hardship.

The commission is currently holding meetings with workers and employers to hear their opinions on the proposed changes. Before going into effect, the Ohio General Assembly's Joint Committee on Agency Rule Review must approve the change.