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Pregnancy and Maternity Leave Law in Ohio

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  • Pregnancy and Maternity Leave Law in Ohio

    Hi,good morning to all the staff of Labor Law Talk.
    I have a concerned regarding my employer, I lived in Ohio, and really dont know much of the Labor Law especially if you are pregnant. I was hired to worked in the bank when I was 4 months.I informed them that I having a baby on May 2005.They hired me on December 2004.During the course of my pregnancy I missed coupled of days due to my morning sickness and I was involved in Automobile accident on January 2005 which lead me to took off work.I request a maternity leave at the end of April 2005 to my boss he refused to gave me the leave because he said that he is off with the teller and ask me if I can stay for another week which I agreed.I request a 2 months off leave wihout paid because I'm not long enough in the company for me to be elligible to received a FMLA. I have my baby early before my expected date ,which really lead me to stay with my daughter all the time.I supposed to go back to work on July 11,2005 but due my family situation I went back to my boss and request additional extention of my leave for at least another month to be with my baby and with my husband who just have a foot surgery. but unfortunately he refused or he denied my request.After I filed the request the next day he called me and told me that if I cannot come back work on Thursday he will consider this as my resignation. I told him that I'm not ready to resign to my position and I'm not wiiling to quit my job, all I'm asking is at least give me a little bit consideration on my situation ,but what respond I received from him is I need to be at work on the schedule time that he gave me. I was hired only as a part time but I working as a full time employee without benefit.Since I came back from work no one talked to me in the Branch office I really felt allienated in Branch.Since I come back from my maternity leave I missed coupled of days again due to my illness my boss is not happy about for me missing work. I have all doctors documentation but still he did not honor it instead he gave me a written warning that next time I missed worked he will put me probation period or termination.
    My concerned is do you think is it legal what he is doing that he can put on probation or fired me because of my illness with doctors documentation.Can he force me to resign to my position? If I resign due to thier request ,do you think I'm entitled to receive unemployment?
    2nd is everytime I signed a paper from him he refused to gave me a copy on all the document that I signed he said that its a bank policy that I cannot get any copy of what I signed.
    3rd I really felt that I'm discriminated on my job .Because my boss worked with his other worker schedule when they requested to give them a short hour ,he granted thier request.But when I requested a short hour what he keep on saying to me is he dont have any teller.

    Please kindly help me answer some of my concern because I really not happy on my job .The way I been treated I dont think this is fair.
    Your respond will be greatly appreciated .Thank you in advance to all the Staff you are a big help to all of us who seeking for an answer .


  • #2
    Yes, he can legally write you up or even fire you regardless of whether you have doctor's documentation or not. A doctor's note has no force in law.

    Since you have been with the company for less than a year you are not entitled to FMLA, and Ohio has no state-mandated medical leave. You have missed considerable time already due to all the various situations you have found yourself in; your employer is within his rights to fire you and hire someone who will be able to come to work.

    I understand that the circumstances are not of your making. But your employer has rights too, and one of them is to discipline an employee who has an absentee problem. Whether or not you would receive unemployment is too situation- and state-specific an issue to address here. There is certainly nothing wrong with your applying.

    The company is not legally obligated to give you a copy of the documentation. Offhand I don't know why he wouldn't but it's up to him and it is legal for him not to.

    With regards to the other teller, that would only be illegal discrimination if he had worked there for the same length of time as you AND had missed the same amount of time as you AND you could prove that you were not given the same amount of time BECAUSE OF your pregnancy. It is perfectly legal of him to allow time off to an employee of longer seniority or who has a better attendance record, while denying it to you.

    Nothing in your post suggests that anything illegal has transpired or that you have any legal recourse against your employer. You may not think it is fair but I'll bet the employees who have been having to cover for you in your absences do.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.