Friday, October 26, 2007

Moms may get more time off

By James Nash

Columbus Dispatch

Virtually all women in Ohio would get 12 weeks of pregnancy leave and guaranteed reinstatement to their jobs under a policy approved yesterday by the Ohio Civil Rights Commission.

In a 4-1 vote, the panel replaced the state requirement that employees get a "reasonable" amount of maternity leave with one that stipulates 12 weeks. The old standard, set in 1977, is too vague, commission members said.

Before the end of the year, all employers with four or more employees might be required to grant the time off -- paid or unpaid, at their discretion -- unless they can demonstrate that an employee's 12-week absence would cause irreparable harm to the business.

The Civil Rights Commission approved the rule change despite earlier objections from business lobbyists, who said it would penalize employers and give women preferential treatment.

"I would say that the preferential treatment goes to the men because they don't have to deal with the swelling and the bloating and the aches and the pains and the disfigurement of the body," said commission Chairwoman Barbara A. Sykes, a former state lawmaker appointed to the panel this month.

"What we are trying to do is level the playing field. You can say that eight weeks is not fair. I can say that 52 weeks is not fair."

The new rule is expected to go to the Joint Committee on Agency Rule Review, a bipartisan legislative panel, in November or December. If the panel determines that the Civil Rights Commission had the authority to change the pregnancy policy and that the new policy doesn't conflict with state law, it would take effect 30 days after the committee votes.

Business groups said they'll mount a challenge.

Tony Fiore, director of labor policy for the Ohio Chamber of Commerce, said he's working to convince committee members that only the General Assembly -- not a commission appointed by the governor -- can make such a significant policy change.

"We believe that the commission is overstepping their authority," Fiore said.

The issue hasn't yet reached the ears of Senate President Bill M. Harris or House Speaker Jon Husted, according to their representatives.

The federal Family and Medical Leave Act provides for 12 weeks of pregnancy leave, but it applies only to employers with 50 or more workers and to employees with at least a year's tenure.

Fiore said the Ohio policy would put businesses in the state at a disadvantage. Employers would have to extend health benefits to women on pregnancy leave and hire temporary workers to fill in, he said.

His position found support from only one of the five civil-rights commissioners, Grace Ramos.

"The way this is written, we're putting the onus on the business owner," Ramos said. "Everything is on them."

Commission member Aaron Wheeler Sr. responded that businesses should benefit from a clear pregnancy-leave standard.

"We're not trying to get small businesses, which are the backbone of business in America," Wheeler said. "We're here today to find some parity and an opportunity for workers to get back to work."

Although the vast majority of workers already qualify for pregnancy leave under the federal law or corporate policy, about 445,000 in Ohio do not, according to a report from the liberal research group Policy Matters Ohio.

The pregnancy-leave requirement constitutes only a modest burden on businesses because fewer than 5 percent of employed women give birth in any given year, the report said.

The rule can be viewed at http://crc.ohio.gov/pdf/PregnancyRule06212007. pdf.