• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
    • Attorney Referrals
    • NJ Civil Certified Attorney
    • 50 Year Anniversary
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
      • Consumer Fraud Attorney
      • Data Breach Lawyer
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities Act (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Healthcare
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
  • Team
  • FAQs
  • News
  • Locations
  • Contact Us
Miscarriage And The Right to Leave | Header Image | McOmber McOmber & Luber

Miscarriage And The Right to Leave

May 18, 2021 by Red Bank Legal

One in four women experiences the loss of a pregnancy. Further, miscarriage occurs in around 25% of pregnancies within the first 20 weeks of pregnancy. While these statistics show this is a challenge that impacts many women, it is less clear how employers must respond.

What does the Pregnancy Discrimnation Act protect?

Congress added the Pregnancy Discrimination Act (PDA) to Title VII to ensure that employers did not discriminate against pregnant employees. The PDA requires employers to offer leave or benefits to pregnant workers if those benefits are offered to other employees who experience physical or mental disabilities. While this does not guarantee a pregnant worker an accommodation, it does ensure that pregnant workers cannot be treated differently. This extends to hiring, firing, promotions, assignments, layoffs, training, as well as fringe benefits such as leave and health insurance. Further, this requires employers to provide a pregnant employee who is temporarily unable to perform the job with accommodations similar to other temporarily disabled employees.

Is a miscarriage a pregnancy condition under the PDA?

Yes, the EEOC filed suits against employers who fired individuals because they took medical leave for pregnancy-related conditions. The guidance listed miscarriage as one of the examples of pregnancy-related conditions. Additionally, the EEOC pursued a case where an employer fired a woman after she took time off for medical treatment after a miscarriage. Ultimately, the employer settled the suit.

Can I take leave for a miscarriage?

Perhaps. This depends on whether your employer offers temporary leave for other physical or mental disabilities. If your employer provides other temporary leave, then your employer must offer leave for your miscarriage.

Contact An Experienced Pregnancy Discrimination Lawyer Today 

There are both state and federal laws that protect the rights of pregnant employees. If you think you have been the victim of pregnancy discrimination in the workplace, we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation.

Filed Under: Pregnancy Discrimination

Primary Sidebar

Related Practice Areas

  • Pregnancy Discrimination Lawyer | Blog | McOmber McOmber & Luber
    Pregnancy Discrimination Lawyer

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

Footer

McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Attorney Referrals
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews
  • Comprehensive Guides

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblower Retaliation
  • Other Legal Services

Copyright © 2025 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Cookie Policy
  • Disclaimer
  • Site Map

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection