Maternity Leave in Ohio

[banker16]

I work for a manufacturing company (with over 100 employees) in Ohio. I have not been here for a year so I know I'm not eligible for FMLA. The company does not pay for maternity leave and you have to be employed for a year before you're eligible for short-term disability. I'm not due until late June and they've already hired my replacement...she starts in the middle of March. I haven't told them I'm not coming back! I'm guessing they are going to tell me I don't have a job when I try to return from my leave. Can they do that? Does Ohio law state that I am entitled to a certain number of weeks for unpaid maternity leave and still retain my job?

I read some other posts and you mentioned other employees on leave and what the company did for them. I do the payroll, so I know how long people are out and getting paid or not paid. We had a person get injured outside of work in August. He received full pay for almost 4months before they started paying him 70% of his salary - he didn't use any vacation during this period and the company does not accumulate sick time for salary personnel. We had an hourly person who was employed here for only 3 months when he took over 2 months off - unpaid - due to a back injury outside of work and they held his job for him. If they are making special arrangements w/these people don't they have to do the same for me?

[LConnell]

Ohio does not have any leave laws that would assist you.

As far as the other employees' leaves and yours are concerned, the company is not permitted to discriminate against a woman based on her pregnancy status. So, if it can be shown that the company regularly provides for leave for others but not for persons who are out on maternity, it would be seen as discrimination. However, if the company can show that providing a leave was a consistent practice. Instead, it gave certain people leave for reasons other than illegal discrimination. If that is the case, it wouldn't be discriminatory. You can read more about discrimination on the basis of pregnancy at: www.eeoc.gov.