Our Clients Ask Us: Pregnancy Policy

Q: My company recently hired a new employee who is now pregnant. Is the company required to allow her to take maternity leave even if she has not been here long enough to qualify for leave under the company’s policy?

A: Yes. In a recent decision, the 5th District Court of Appeals found in favor of a woman who was discharged when she needed pregnancy leave but had not worked long enough to qualify under her employer's policy. The Court concluded that her termination constituted "unlawful sex discrimination." With its decision, the Court upheld the Ohio Civil Rights Commission’s determination that an employee was unlawfully terminated on the basis of pregnancy when the employer terminated her because she required pregnancy-related disability leave but had not met the minimum length of service requirements for maternity leave under the employer’s leave policy.

The Court set forth a rule requiring employers to provide unpaid maternity leave for a “reasonable period of time” and then reinstate the employees to their former positions—or positions of like status and pay—regardless of the employers’ policies on disability or maternity leave or whether the employees qualify for leave under the federal Family and Medical Leave Act (FMLA).

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