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Help! maternity leave ohio Ohio

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  • Help! maternity leave ohio Ohio

    I just recently came back to work after having an emergency csection. I am not under FMLA due to not being at my work for a fulll year. During my entire pregnancy I was having complications and just a few months prior of being hired I had experienced a miscarriage so this pregnancy was high risk. At first I was thought to believe I was carrying a down syndrome fetus, later to find out that was untrue, but then towards mid to late of the pregnancy, my blood pressue became very high. The doctor made me go through numurous tests and blood work and ended up placing me on a blood pressure medication. I had several doctor notes from where my doctor's office placed me on bedrest for a few days a week and sometimes a full week. I ended up having my baby 3 weeks early due to my rising blood pressure.

    My question is; since I have been back my supervisor has placed me on probation. Can they legally do that? They state that they have checked with HR and they make it a point that because I do not have FMLA that they cannot back me up on it. I have gone to both Ethics and HR concerning this. What I do not understand is the times that I needed off during my pregnancy I had doctor notes explaining the reasons why I needed off. Also my doctor wrote a note stating I should not return back to work no earlier than 8 weeks prior to my c section, which by my understanding is the standard time off for a c section. The company that deals with my disability act from work states that I should have only received a total of 6 weeks.

    Please help!

  • #2
    Outside of FMLA, a doctor's note has no force in law. Neither Federal nor state law, in your or most other states (not quite all) provides any protection to employees who do not qualify for FMLA. Collecting disability benefits does not provide job protection. If FMLA does not apply, you are not guaranteed any kind of protection and you are not guaranteed your job back or the same status.

    Additionally, the law is very clear that a pregnant employee is to be treated exactly the same as a non-pregnant employee. You cannot be discriminated against, but you do not get special privileges either. If a similarly situated employee who had missed the same amount of time for a non-maternity reason would be placed on probation, so can you be placed on probation.

    Ohio has no state disability plan and how long you are entitled to is determined by your specific plan. While it is common for a c-section to receive 8 weeks rather than 6, that is determined by your specific policy, not by law.
    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.