OCRC's Proposed Pregnancy Leave Rules Rejected by Legislators

Columbus media are reporting that the General Assembly's Joint Commission on Agency Rule Review struck down in a 9-1 vote yesterday the OCRC's proposed new rules mandating twelve weeks of maternity leave for female employees in the state (as summarized here on October 29, 2007). One of the JCARR is quoted as basing his vote on the lack of data about the cost of the rule change on government employers. The OCRC has regularly argued that the proposed rule only clarified existing regulations which already require that employers (of four or more employees) provide a reasonable period of maternity leave. However, the proposed rule actually went further than that in also requiring, for instance, mandatory light duty assignments for pregnant employees even if light duty was not provided for similarly situated male employees disabled by a non-work-related accident (i.e., non-workers compensation). Rather, if the employer had a workers compensation light duty program, it was required by the proposed OCRC rules to similarly provide light duty for pregnant employees. Although the OCRC is likely to try again in a few months, for now Ohio employers need not revise their maternity leave policies to reflect the OCRC's proposed rule.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney.