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Commission wants to set minimum for maternity; rule now requires 'reasonable' time off
By Cheryl Powell Beacon Journal medical writer
Published on Tuesday, Jul 31, 2007
All working mothers statewide soon might be guaranteed at least 12 weeks off work after childbirth without fear of losing their job.
The minimum maternity leave is part of proposed changes for the state's pregnancy-discrimination rule, which now requires companies to give women a ''reasonable period of time'' off work to care for their newborn.
The Ohio Civil Rights Commission wants to end confusion by defining what's ''reasonable'' for a minimum maternity leave, said Toni Delgado, spokeswoman for the commission.
''Of course, a business owner who has the interest of the business in mind is going to construe a reasonable amount of time as a different amount than a mother who would want to be with her family,'' she said. '' . . . It's too ambiguous and it's confusing for employers and employees.''
But some business leaders are concerned that the proposed changes are unnecessary and go too far.
If enacted, employers probably will be forced to make cuts in other areas, said Tony Fiore, director of labor and human resources policy for the Ohio Chamber of Commerce.
''Right now, it's a very competitive market for good employees,'' he said. ''Many employers already provide unpaid leave and it's not because the gov ernment mandates it. This mandated, 12-week unpaid maternity leave policy may force employers and, specifically, smaller employers to cut back on their voluntary leave benefits currently available, such as paid vacations, paid sick leave, general time off or unpaid maternity and paternity leave.''
Ohio companies, on average, already provide maternity leaves ranging between eight and 12 weeks, Delgado said.
''Putting a number and saying 12 weeks is the amount of time you give your employees probably is not that much different than practice,'' she said.
Lindsay Ragon is among the working mothers taking advantage of the three-month maternity leave already being offered by many companies.
The Massillon mother works full time in the human resources department of a large Northeast Ohio company that gives female employees a 12-week maternity leave.
Ragon said she's looking forward to spending the next three months at home with her newborn son, Jack, and his big sister, Emily, who is 16 month old.
''I just think the bonding time is so important,'' she said. ''You can't get that time back that's for sure.''
The federal Family and Medical Leave Act requires employers nationwide with 50 or more workers to allow employees as much as 12 weeks of unpaid leave for the birth or adoption of a child.
The federal rule also applies to workers who need time off to care for a sick family member or for their own serious illness.
The national law doesn't apply to employers with fewer than 50 workers or part-time employees who average less than 24 hours a week.
And unlike the proposed new state rule, the federal rule doesn't apply until an employee has worked at a business for at least 12 months.
''We would be protecting all working pregnant moms without those types of restrictions,'' Delgado said.
The federal law includes exceptions that make sense, Fiore said.
Small businesses often can't afford to lose a skilled worker for three months, he said.
''Our recommendation to the commission is going to be, basically, if you're looking for clarity, make these principles in Ohio law more consistent with federal law,'' Fiore said.
Under the state's proposal, small companies still could ask for shorter maternity leaves on a case-by-case basis if they can prove the 12-week standard causes a hardship, Delgado said.
The commission is soliciting feedback from the public and holding a hearing in Columbus on Wednesday to find out what employers and workers think about the possible change.
The proposed rule doesn't require businesses to pay workers during maternity leaves, Delgado said. The 12-week leave also can include pregnancy-related time off work before the child is born.
Along with defining the minimum maternity leave, the amendment requires employers to give pregnant employees the same chance as other workers to participate in light-duty programs, temporary assignments, flexible schedules and other job modifications.
The plan must be approved by the Ohio General Assembly's Joint Committee on Agency Rule Review before going into effect.
Cheryl Powell can be reached at 330-996-3902 or chpowell@thebeaconjournal.com.
All working mothers statewide soon might be guaranteed at least 12 weeks off work after childbirth without fear of losing their job.
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