Employer Law Report

Tag Archives: pregnancy leave

Notice of Intent to Take FMLA Leave May Just Be Enough

Last month, the Eleventh Circuit Court of Appeals (which has jurisdiction over Florida, Georgia and Alabama) held that a pregnant employee, who provided several months notice to her employer of her intention to take leave upon the birth of her child, was protected under the Family and Medical Leave Act ("FMLA") despite the fact that at the time she provided the notice, she was not eligible for FMLA. In short, the court held that the FMLA protected employees who make pre-eligibility requests for post-eligibility leave from both interference with the leave and from retaliation.

Appellant Kathryn Pereda ("Pereda") began working …

Ohio Supreme Court Decision Allows Employers to Refuse Maternity Leave to and Terminate Employees who Have Not Met the Length of Service Requirements of the Employer’s Leave Policy

As an update to my previous post on this case, the Ohio Supreme Court last week released an opinion in Ohio Civ. Rights Comm’n v. Nursing Care Mgmt. of Am., Inc., reversing the decision of the Ohio Fifth District Court of Appeals, which previously held that an employer unlawfully discriminated by terminating an employee requiring pregnancy-related leave who did not meet the length of service requirement of the employer’s general leave policy. The Court held that pregnant employees must only be treated the same as all other employees under an employer’s leave policy and can be terminated while on a …

Ohio Fifth District Court of Appeals Decision Requires That Employers Provide a Reasonable Period of Time for Unpaid Maternity Leave Regardless of Length of Service or Leave Policy

 The Ohio Fifth District Court of Appeals last week released an opinion in Nursing Care Mgmt. of Am., Inc. v. Ohio Civ. Rights Comm’n, that upheld the Ohio Civil Rights Commission’s determination that an employer unlawfully terminated an employee on the basis of pregnancy when the employer terminated the employee because she required pregnancy-related disability leave but had not met the minimum length of service requirements for maternity leave under the employer’s leave policy. In the decision, the Fifth District sets forth a rule requiring employers to provide maternity leave for a “reasonable period of time” and then reinstate the …