Pregnant employees would be entitled to 12 weeks of maternity leave as soon as they are hired under a series of rules Ohio officials are considering that go beyond federal protections.

With little fanfare, the Ohio Civil Rights Commission has been studying ways to give pregnant workers stronger protections than they have under current state law or the federal Family Medical Leave Act.

The commission is holding a hearing on the proposed rule changes at 10 a.m. Wednesday in Columbus. New rules, which need approval from a legislative panel, could take effect by fall.

The proposed Ohio regulations would equate discrimination against pregnant employees with discrimination against women.

Although they have attracted little attention, the proposals would bring significant changes in the workplace and cause confusion for employers who are accustomed to the federal act but not state pregnancy law, according to one attorney for employers.

"It appears to be treating men and women differently, which we believe is unconstitutional," said attorney Vincent J. Tersigni, whose firm, Vorys, Sater, Seymour and Pease, represents many employers. "We have concerns that it is not consistent with federal law and will create a great deal of confusion for employers."

Under federal law, women are entitled to 12 weeks of pregnancy leave once they have worked at least 1,250 hours in the preceding 12 months. The new state law would kick in as soon as the woman starts a job.

Both the federal and proposed state laws grant 12 weeks off. Neither requires that employees be paid during their leave. The state law, however, would apply to employers with four or more employees, whereas the federal law covers employers with 50 or more workers.

The state law would require employers to offer a pregnant employee a light-duty assignment where practical and to reinstate a worker to her former position or an equivalent post when she returns to work.

Civil Rights Commission attorney Matthew D. Miko said there's no conflict between the federal and proposed state laws.

"The Family Medical Leave Act is a floor establishing the rights of pregnant employees," Miko said. "It was never meant to be a ceiling."

Miko said the commission began considering changes to the state's 30-year-old pregnancy law early this year because of questions from employers and employees.

A June hearing on the issue in Dayton was sparsely attended.

The commission will hold another public hearing Wednesday at 10 a.m. in the main conference room on the fifth floor of its headquarters, 30 E. Broad St. in Columbus.

Before the changes can take effect, they must be approved by the Joint Committee on Agency Rule Review, a legislative panel that studies any conflicts with existing law. If the panel OKs the changes, they could take effect in September.

jnash@dispatch.com

"The Family Medical Leave Act is a floor establishing the rights of pregnant employees. It was never meant to be a ceiling."

Matthew D. Miko
Civil Rights Commission attorney