Okla. Admin. Code § 335:15-3-9

Current through Vol. 42, No. 4, November 1, 2024

Section 335:15-3-9 - Employment policies relating to pregnancy and childbirth

(a) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is in prima facie violation of the Oklahoma Anti-Discrimination Act.

(b) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or related medical conditions, for all job- related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, and reinstatement, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to temporary disabilities.

(c) Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such a termination violates the Act if it has a disparate impact on employees of one sex and is not justified by business necessity.

Okla. Admin. Code § 335:15-3-9