Ohio

Ohio provides a combination of federal protections, state-specific policies, and support programs to help pregnant workers and new parents balance their family and professional responsibilities.

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.
Example: If your employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

The Ohio Civil Rights Acts (ORC 4112) similarly prohibits discrimination based on pregnancy and childbirth. The Ohio Civil Rights Commission (OCRC) investigates and enforces these rights.

Workplace Accommodations

Federal law (PDA and the Americans with Disabilities Act, or ADA) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers, and gives them the right to get accommodations at work that will help them keep their jobs and protect their health. The law gives the right to things like extra breaks, flexible scheduling to attend doctors' appointments, time off to recover from childbirth or miscarriage, light duty, remote work, and much more.

In addition to the nationwide protections available under the Pregnant Workers Fairness Act (which also applies to public sector workers), for public sector employee with a current position that is dangerous or strenuous to your pregnancy, under an Ohio law that applies to state employees, employers must transfer employees to a suitable position under their division if it is unfilled, a doctor recommends the transfer, and employees are qualified for the position.

Workplace Safety for Pregnant Workers

Employers must ensure a safe and non-hazardous work environment. Concerns can be reported to Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Federal Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding, or medical needs. However, Ohio does not have its own state-level FMLA equivalent, public employees may have access to extended leave through policies set by the Ohio Department of Administrative Services. Individual employers may also offer their own paid/unpaid parental leave policies. Eligibility requirements include:

Work for a covered employer (50+ employees within 75 miles), and
Have 12 months of service and 1,250 hours worked in the past year

Returning to Work with a Baby

Break Time for Nursing Mothers – FLSA & PUMP Act

Under the FLSA and the expanded PUMP for Nursing Mothers Act (2023), most employers must provide reasonable break times to express milk for one year after childbirth, and a private, non-bathroom space that is shielded from view and free from intrusion. These protections now apply to millions more workers, including teachers, nurses, and transportation workers.

Parental Rights and Job Protection

Job Protection after Leave

Under FMLA, workers are guaranteed the right to return to their same or equivalent position after taking parental leave.

Equal Pay Protections

Ohio’s labor laws mandate equal pay for equal work, regardless of gender or parental status.

Protection from Retaliation

It is illegal for an employer to fire, demote, or discipline an employee for taking leave under FMLA or requesting pregnancy-related accommodations.

Support for Parents in Ohio

Child Care Assistance

The Ohio Child Care Assistance Program (through the Department of Job and Family Services) helps low-income families pay for childcare while working or attending school.

Temporary Assistance for Needy Families (TANF)

Offered through Ohio Works First, TANF provides financial support to low-income families with children.

Flexible Work Policies

Some Ohio employers voluntarily offer flexible work schedules, telework, and paid parental leave. Check with your HR department or employee handbook.

Breastfeeding-Related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has the need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This legislation introduced the PUMP for Nursing Mothers Act (PUMP Act), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

The PUMP for Nursing Mothers Act requires employers to provide

• Reasonable break time for an employee to express breast milk for their nursing child
• A place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Ohio.