Maternity Leave Laws in Ohio (2026): What You Need to Know
Getting ready for a baby in Ohio? Understanding your maternity leave rights is important for planning your time off and finances. Ohio has different rules for state workers and private company employees.
This guide explains Ohio’s maternity leave laws in simple terms. You’ll learn about paid and unpaid leave options, your workplace rights during pregnancy, and recent changes that might help you.
What Is Maternity Leave?
Maternity leave is time off work when you have a baby. It helps you recover from childbirth and bond with your new child. Some maternity leave is paid, and some is unpaid.
Ohio doesn’t have its own state law requiring paid maternity leave for private companies. Most workers rely on federal laws and their employer’s policies.
Basic Maternity Leave Laws
Federal Family and Medical Leave Act (FMLA)
The FMLA gives eligible workers up to 12 weeks of unpaid leave. Your job is protected while you’re gone. You can use this leave for childbirth, recovery, and bonding with your baby.
To qualify for FMLA, you must work for a company with 50 or more employees. You also need to work within 75 miles of other company employees. You must have worked for your employer for at least 12 months and worked 1,250 hours in the past year.
Ohio Civil Rights Act
Ohio’s Civil Rights Act protects workers from pregnancy discrimination. It applies to employers with 4 or more workers. This law requires employers to give you reasonable time off for pregnancy and childbirth.
The law doesn’t say exactly how much time is “reasonable.” Your employer must treat you the same as other workers with temporary disabilities.
State Employee Benefits (Updated 2024)
Ohio State Workers Get Better Benefits
Ohio state employees got big improvements to their parental leave in 2024. State workers now get up to 12 weeks of paid parental leave. This is a huge increase from the old policy of only 4 paid weeks.
State employees receive 70% of their regular pay during this leave. They can use their sick days, vacation time, or personal leave to make up the other 30%. This means they can get 100% of their regular pay for the full leave period.
Who Qualifies for State Benefits
You must be a permanent state employee who works 30 or more hours per week. You need to have worked for the state for at least 12 months before your baby is born or adopted.
This benefit covers birth parents, adoptive parents, and foster parents. Both parents can take leave if they both work for the state.
Private Sector Challenges
Most Private Companies Don’t Offer Paid Leave
Private companies in Ohio aren’t required to provide paid maternity leave. Many workers only get unpaid FMLA leave. This can create financial stress for new families.
Some companies choose to offer paid maternity leave or short-term disability benefits. Check with your HR department to see what your company offers.
Using Your Own Time Off
Many workers use their saved vacation days, sick leave, or personal time during maternity leave. This helps provide some income during your time off. Your employer may require you to use these benefits during FMLA leave.
New Workplace Protections (2024-2025)
Pregnant Workers Fairness Act (PWFA)
A new federal law called the Pregnant Workers Fairness Act took effect in 2023. The final rules began in June 2024. This law requires employers with 15 or more workers to provide reasonable accommodations for pregnant employees.
Examples of accommodations include more bathroom breaks, time for medical appointments, lighter duties, or permission to sit during work. You don’t need to have a disability to get these accommodations.
PUMP Act for Nursing Mothers
The PUMP Act expanded protections for nursing mothers. Employers must provide a private space (not a bathroom) for pumping breast milk. They must also give you time to pump during work.
This law covers both hourly and salaried workers. Teachers, nurses, and other professionals are now protected under this law.
Penalties and Consequences
What Happens When Employers Break the Law
If your employer violates FMLA rules, you can file a complaint with the U.S. Department of Labor. You may be able to get your job back, lost wages, and other damages.
For pregnancy discrimination under Ohio law, you can file a complaint with the Ohio Civil Rights Commission. You might recover back pay, attorney fees, and compensation for emotional distress.
Employers who don’t provide reasonable pregnancy accommodations under the PWFA can face federal penalties. The Equal Employment Opportunity Commission handles these complaints.
Special Circumstances
Adoption and Foster Care
FMLA leave also applies when you adopt a child or get legal custody of a foster child. The age of the child doesn’t matter for adoption leave.
Ohio state employees get the same paid parental leave benefits for adoption and foster placement as they do for birth.
Stillbirth Leave
Ohio state employees can get paid parental leave for stillbirth. They receive 6 weeks of paid leave to recover and grieve.
Multiple Children
If you have twins or adopt multiple children at once, you still only get one leave period. The number of children doesn’t change the amount of leave time.
How to Request Maternity Leave
Plan Ahead
Give your employer as much notice as possible. FMLA requires 30 days notice when you can plan ahead. If it’s an emergency, give notice as soon as you can.
Put your request in writing. Include your expected due date and when you plan to start leave. Ask about using paid time off during your leave.
Get the Right Forms
Your employer may require medical certification from your doctor. This form confirms your need for leave. Fill it out completely and return it quickly.
Keep copies of all paperwork you submit. This protects you if there are any disputes later.
Know Your Rights During Leave
Your employer must continue your health insurance during FMLA leave. You pay the same amount you paid before leave started.
Your employer cannot contact you about work during your leave unless you agree to it. They also cannot ask you to work from home during medical leave.
Proposed Changes for 2025
House Bill 231 – Tax Credits for Employers
Ohio lawmakers introduced House Bill 231 in April 2025. This bill would create tax credits for employers who voluntarily offer paid parental leave.
The bill doesn’t require employers to provide paid leave. Instead, it gives tax breaks to companies that choose to offer this benefit. This approach aims to encourage more businesses to support new parents.
As of late 2025, this bill hasn’t become law yet. It’s still working its way through the legislature.
Financial Planning Tips
Short-Term Disability Insurance
Some employers offer short-term disability insurance. This can provide partial income during recovery from childbirth. Check if your employer offers this benefit.
You might need to sign up during open enrollment before you get pregnant. Read the policy carefully to understand what’s covered.
Saving for Unpaid Leave
Start saving money early in your pregnancy. Even if you have some paid time off, you might need extra funds for unpaid leave.
Consider reducing expenses before your baby arrives. This helps stretch your savings during leave.
Coordinating Benefits
Work with HR to understand all your options. You might be able to combine different benefits to maximize your income during leave.
Some employers let you use vacation days, sick leave, and short-term disability at the same time.
Frequently Asked Questions
Can I be fired for taking maternity leave?
No, if you’re eligible for FMLA leave, your job is protected. Your employer must give you the same job or an equivalent position when you return.
Do I get paid during maternity leave in Ohio?
Most private employees don’t get paid maternity leave unless their employer chooses to provide it. State employees get up to 12 weeks at 70% pay, plus they can use other leave to reach 100% pay.
How long can I take off for maternity leave?
Under FMLA, you can take up to 12 weeks of unpaid leave. Ohio state employees can get 12 weeks of paid leave. Some employers offer longer leave periods.
Can my partner take leave when we have a baby?
Yes, both parents can take FMLA leave. If you both work for the state of Ohio, you each get your own paid parental leave benefit.
What if my employer has fewer than 50 employees?
You won’t qualify for FMLA protection, but Ohio’s Civil Rights Act still requires reasonable leave for pregnancy and childbirth if your employer has 4 or more workers.
Final Thoughts
Ohio’s maternity leave laws are changing for the better, especially for state employees. While private sector workers still face challenges, new federal protections help ensure fair treatment during pregnancy.
Start planning early and know your rights. Talk to your HR department about your company’s policies. Save money if possible to help during unpaid leave time.
Remember that having a baby is an important life event. You deserve time to recover and bond with your child without worrying about your job.