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Employment Law/maternity leave


My employer asked me to look up maternity leave law as he is not familiar with it and I am due to go into labor at any point between now and mid-October.  I live in Ohio and found on the Ohio Revised Code website the information on 124.136 Parental leave and benefits.  Section B states "Parental leave granted under this section shall not exceed six continuous weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay."  I know my employer doesn't want to pay while I'm not in.  I'm taking the initial 3 hospital days and next 2 days at home completely off.  The remaining 5 weeks, I will be working from home until I can return to the office.  My boss feels that this is only related to large corporations (there are only 4 full time employees including the boss - the rest of the staff are medical doctors/physical therapists who are all independent contractors).  Does this still apply to our office or should I just be charging him for the reports I type from home?

The parental leave you have quoted above is for state employed workers only. You have to work for the State of Ohio to get those benefits.

You would be eligible for FMLA which is unpaid 12 weeks leave under the Federal Rules.

Ohio does not have maternity or parental leave for the general population of workers under private companies.

If you company has a disability insurance policy it may cover some of the time as pregnancy is considered a disability for medical and insurance purposes.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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