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A New Baby After Taking a New Job? That Could be a Problem in Ohio
Filed under: In The News, Weird But True
In Ohio, your maternity leave might be permanent. Credit: Getty Images
In Ohio, anyway.
The Ohio Supreme Court ruled this week that companies can fire relatively new employees who take time off for pregnancy.
Justices ruled 5-1 that new employees risk getting fired when they take extended leaves for any reason. It's not discriminating against women to include pregnancy leaves, they decided.
The case came before the court because nurse Tiffany McFee was fired from her job in Pataskala, a town of 10,000 located 22 miles east of Columbus. The Pataskala Oaks Care Center fired her because she took pregnancy leave eight months after being hired. Nursing home policy requires employees to be on the job a year before taking an extended leave.
The Columbus Dispatch reports justices ruled that as long as company policies apply to everyone and don't make distinctions between extended leaves for pregnancy and other medical purposes, employers are within their rights to give pregnant women the boot.
New moms are not faring well with Ohio's high court.
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Just last August, the Dispatch reports, justices ruled employers can fire lactating employees who take unauthorized work breaks to express their breast milk.
Kellie Copeland, executive director of NARAL Pro-Choice Ohio, tells the Dispatch both rulings punish working women for having children. (NARAL, formerly the National Abortion & Reproductive Rights Action League, is now no longer considered an official acronym)
"This is appalling," Copeland tells the newspaper. "We should be having policies in place that allow people to have children and not lose their jobs because they choose to have a child. This illustrates a major hole in Ohio law. There is no protection for women in this type of situation."
While many businesses are required to accommodate pregnant workers under the federal Family Medical Leave Act, small businesses with fewer than 50 employees are exempt from the federal law.
There's a good reason for that, Tom Tarpy, a Columbus lawyer who represents employers, tells the Dispatch. Extended leaves can cripple small businesses, he says.
"Whether or not a person's unexpected leave is due to pregnancy or a heart condition or a broken leg, those circumstances affect small businesses very differently when you have one-fifth of your work force out on leave," Tarpy tells the newspaper.
Justice Robert R. Cupp, writing for the majority, said the nursing home's policy was clear and objective.
"Pataskala Oaks' length-of-service requirements treat all employees the same," Cupp writes. "Every employee must reach 12 months of employment before becoming eligible for leave. In this sense, the policy is 'pregnancy-blind.' "
The sole dissenting opinion came from Justice Paul E. Pfeifer.
In his dissent, Pfeifer concluded that even if the leave policy was written to treat pregnancy the same as any other disabling condition, it still discriminates against women.
"Pursuant to the Pataskala Oaks employment policy, there was no maternity leave available to McFee," Pfeifer writes in his dissent. "Therefore, her termination constituted direct evidence of unlawful sex discrimination."
Related: Returning to Work After Maternity Leave Requires Balance
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ReaderComments (Page 1 of 4)
6-26-2010 @ 2:42PM
tiffanie said...Companies should be able to hire or fire as they please with appropriate notice, there's already too many laws making companies do certain things.
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6-26-2010 @ 8:19PM
Mandi said...This is why there are so many unemployed - becasue employers can 'hire and fire as they chose' without any repercussions. Employers are NOT your family. Employers are NOT your friends. So employees, go in with the attitude of "I just work for you". No company picnics, holidays, parties, don't call me after hours, on weekends -- nada. Plan your life around YOU, not around THEM. Work hard but that can wait until that buzzer hits 8:oo and you shut it off when it hits 5:oo. Get up and go home. They owe you nothing but wage. Take your check, clock in-clock out and enjoy your real family and freinds. Those you can't replace; you can always work for another Overseer..er..employer.
6-26-2010 @ 2:32PM
Nancy said...I'm a woman and a former small business owner and I believe the Ohio law is fair. Firstly, the woman knew the rule before she took the job and even if she didn't know she was pregnant, the rules apply to everyone, so sorry. And secondly, why should women get preferential treatment in the workplace? We want equal opportunity, equal pay, we should get equal treatment on all levels. Until women start acting like they are serious about their careers, they can't expect to be equal. This is where feminism falls flat on its face. Women need to realize - you can't always have it all - just like men now realize they can't have that big fat paycheck and take care of their families without their wives going to work because there are so many women in the workforce now who take men's jobs. Women need to stop whining and get over it.
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6-26-2010 @ 2:39PM
slinky said...yay, nancy!! i'm a woman and don't expect to be treated any differently than the men at work. tiffany mcfee probably knew she was pregnant when she took the job and was hoping the rules wouldn't apply to her.
6-26-2010 @ 3:33PM
New York said...Nancy I think what you are lacking is children. You really shouldn't be so opinionated unless you yourself have faced the same problem. First of all many women do not even know they are pregnant within the first trimester. What was she supposed to do quit her job when she found out she ws pregnant?? Have an abortion??/ Or maybe she should give the child up for adoption. Is that what a woman with a career would do??? People like you are just what we don't need in the business world.
6-26-2010 @ 5:53PM
d1anaw said...While I do agree that the rule does not discriminate on the basis of sex, I do take offense with the terminology "women are taking men's jobs". This is the very same mentality that keeps women earning less than men doing the same job. When I first read the headline, I was ready to be offended, but when I read the story, I realized that it wasn't about women, it was about a choice to flaunt the rules that were known at the time of employment. Women have the option to choose when to get pregnant. Someone who gets sick or injured does not choose to do so or when to do so. This woman choosing to get pregnant right after being hired or knowing she already was and failing to disclose it, was pushing the law and trying to hide behind a discrimination suit. Women who do this, make it difficult for other women in the workplace.
6-26-2010 @ 7:03PM
Lita said...Look, cupcake. This isn't just about pregnancy. What if you, at eight months on the job, discovered you had a medical malady that required immediate attention and an extended recovery? Do you recommend these people just stay on the job and die in their chair? (If, at six months on the job, you find out that you had ovarian cancer, would you just "tough it out" until you reached that anniversary mark before you do something about it? That little wait would likely cost you your life.) As for the twit, slinky, who says in her response to you that the woman in the story probably knew she was pregnant? Maybe. But it is not uncommon for a woman not to know she is pregnant in the first month or two of pregnancy, especially if her periods are irregular. What a suspicious witch. And, by the way, no form of birth control is 100% effective, so who's to say the pregnancy was deliberate? I find it so hard to deal with stupid, mean-spirited people.
7-12-2010 @ 6:57PM
Kat said...I agree that the woman who sued most likely knew she was pregnant. To me it makes perfect sense why some women would chose to go find a new job, maybe with good health benefits, when she is newly pregnant or possibly trying to conceive. Doing so is "smart" for families without health benefits. For states that wouldn't regulate against that kind of behavior, Its just another way for low income families to abuse the system.
I am low income and my husband and I plan on trying to become more financially stable before planning a family. I'm looking for a job, but as soon as I get one, I'm not planning to try get pregnant. Its not fair for the employer or the child. Getting a job solely to pay for having a baby shows those women are not mature enough to be having children anyway. Please be more responsible ladies, or like the one commenter said, you will make it harder on the rest of the women in the work force.
6-26-2010 @ 2:38PM
slinky said...nobody gives a crap about you or your old boyfriend.
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6-26-2010 @ 2:44PM
Ron J. said...Stay clear of Ohio, first they give the police the power to "guesstimate" speed to give you are speeding ticket and now they are discriminating against women. What's next Ohio? Perhaps a law that states you must have all your teeth.
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6-26-2010 @ 4:38PM
neumeindil said...Actually about 3 years ago, a state level jackass tried to have any kind of pregnancy termination, regardless of situation (so a 14 year old girl raped by her "funny" uncle? Up the creek if she's up the spout), a felony. Apparently he thought every uterus in Ohio at risk of pregnancy should be full, in a state that's been in contempt of court for over a decade for still funding their schools through property taxation. It's a beautiful state, but I'll never live there again if I can help it.
6-26-2010 @ 5:04PM
Richard said...I live in Ohio, NOT BORN!, the next law that they need to pass here is mandatory sterilization!
6-26-2010 @ 2:44PM
LillieFaerie said...They can fire you for any reason. Henry Ford Medical Centers in Michigan sent me termination papers on Christmas Eve because I needed to heal up from surgeries from breast cancer. I had the permission of the doctor I worked for and had the permission of the supervisor of the building to take the leave. They knew when they hired me that I was in the middle of reconstruction. What I want to know is why they didn't wait until after January 1 so that they didn't have to ruin my holiday. Realizing the type of people they are, they did a service.
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6-26-2010 @ 3:24PM
bonnie morrison said...God love you honey...I hope all went well....my husband and I left MI in Sept. last year when I lost my job nearly three years before due to my employer selling his business due to health reasons and I "lost" my job as a hygientist due to the new owners bringing in younger, more inexperinced (cheaper) help.....MI sucks...hope all works out for you.....
6-26-2010 @ 2:48PM
scoobe2 said...So a woman should just go on welfare? The state should be happy that women want to work instead of sitting home and collecting like many do. I doubt a 6 wk maternity leave is gonna break anyone. Where are the anti abortion advocates? God knows that will be the next thing telling women who want to work not to get pregnant. In this awful economy switching jobs happens why should you be punished for having a child?? As for Nancy, she claims that women who want equality should stop griping, the fact is the workplace still isnt equal because women still make less than men doing the same job. You need to get over it and stop being a traitor to your own sex.
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6-26-2010 @ 3:12PM
bbbbb said...slinky yea another discriminations against females and their rights---I guess it's better than being a world vision missionary shelter child jus left there with so called relatives by some pronounced church missionary---maybe you could even leave your doggie FIDO there in the window also as a rememberance ---Yes SIR, Mam--- for sure-- your little doggie chewawa that go up and down like at the taco bell
6-26-2010 @ 3:17PM
yorkhuntsgross said...Society is supposed to be grateful that they don't want to be a drain on it? Your statements are mindless Scoobe2. You whine about betraying our own gender but you just made statements that assert females being lazy and on welfare is the norm and that any female making an effort to do something else should be praised. I think that tells us all we need to know about your true view of our gender.
If our fellows females focused on the true inequities rather than forcing their personal choices, such as pregnancy/parenthood on others... maybe the gap would close faster. What these people are calling for is NOT equality, it IS special treatment and the least they could do if they are going to keep demanding it is own up to the fact that it is special treatment.
6-26-2010 @ 5:12PM
anniewheelr said...We need to stop filling women with lies.
The truth is that the world is not fair. You can't have it all and you have to make choices as a woman. If you want children then you have to accept what comes with that. If you want a career and children you have to realize that it is not your employer's responsibility when you can't find a baby sitter; your child is sick; or you get pregnant.
It's time that women understand what men have known for years...if you work....you have a responsibility to the person who pays you (and often pays most of your health insurance) to be there and do your job.
If you can't do that then they have every right to find someone who will....
6-26-2010 @ 4:19PM
Bill said...You want equality in the work place. How about the women who don't get pregnant, they don't get to take time off. That's descrimination against people who don't get pregnant. Oh and by the way, the owner of the business didn't tell the woman to get pregnant, That falls on her shoulders only. Just remember that for every action there is a reaction. And when a woman takes maternity leave, that means everyone else in the office has to take on additional responsibilities to do her work while she is away. Is that fair the them to have to work more without getting extra pay to cover for someone who isn't there? It's a cruel world out there. She should keep her legs closed or use appropriate birth control methods. I agree with Nancy, stop whining and get on with your life.
6-26-2010 @ 3:06PM
yorkhuntsgross said...I am a female and I completely agree with the ruling. If you choose to get pregnant or have just chosen not to prevent pregnancy while starting out at a new job, then get fired because of your choice... you have nobody to blame but yourself. What many females and groups like NARAL Pro-Choice Ohio are really calling for is mollycoddling of females who choose to get pregnant, rather than equality for all. No wonder children are so self-centered these days, just look at the sacrifices and exceptions their parents demand of others from their conception onward. Get over yourselves and learn to live with your choices.
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