A legislative panel this afternoon quickly snuffed out an effort to guarantee Ohio women 12 weeks of pregnancy leave, saying the agency that created the policy neglected to spell out its costs.

The 9-1 vote by the Joint Committee on Agency Rule Review means that it won’t be until next summer, if ever, that women who work for small employers will be assured 12 weeks of time off for pregnancies.

Lawmakers who sit on the joint committee said today that the Ohio Civil Rights Commission had failed to do its homework in anticipating the costs to employers, specifically school districts and other public agencies.

The commission had asserted that there would be no cost since employers already are required to provide “reasonable” time off, although the law does not define reasonable.

“Their conclusion is wrong,” said state Sen. Tom Niehaus, R-New Richmond, vice chairman of the joint committee.

Women’s groups expressed disappointment.

“I really think it’s incumbent on the (Joint Committee on Agency Rule Review) and the Civil Rights Commission to work on this amicably so that women who are choosing to give birth, to continue their pregnancies, have the medical maternity leave that’s necessary for a healthy pregnancy,” said Kellie Copeland, executive director of NARAL Pro-Choice Ohio.

Civil Rights Commission Chairwoman Barbara A. Sykes said the panel is likely to revisit the issue, although commission officials said it would take months to submit a new proposal to the legislative panel for approval.

Today’s vote spelled the end of a months-long process to win approval for the leave policy.

Saying that Ohio’s previous law requiring only “reasonable” time off for pregnant employees was confusing to employers, the commission this summer proposed defining reasonable as 12 weeks.

The policy mirrors the federal Family Medical Leave Act, but applies to more businesses and more employees. The federal act covers companies with 50 or more employees; the state policy applies to workplaces with four or more workers. While women have to work 1,250 hours over 12 months to qualify for leave under federal law, the state policy would kick in upon hiring.

Business groups have complained about the proposed state policy, saying it would burden Ohio businesses with the costs of hiring and training temporary replacements for women on leave, making the state less competitive. The policy does not require employers to pay women during their pregnancy leaves, and it allows employers to seek exemptions in cases of business hardship.

The Civil Rights Commission held public hearings on the issue in Dayton and Columbus before voting 4-1 to adopt the policy. The panel reaffirmed its support of pregnancy leave last week when it struck down, in a 3-2 vote, a motion to table the matter. Gov. Ted Strickland and key legislators had asked the panel to hold off for a few weeks so that businesses could study implications of the policy.

That vote sent the policy to the Joint Committee on Agency Rule Review, a low-key panel of 10 state representatives and senators that decides whether policies comply with state law. The joint committee could not weigh the merits of the pregnancy policy, but only determine whether the Civil Rights Commission has the legal authority to make the policy and whether it conflicts with any laws.