McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

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.

Related FAQs

  • What Should I Know About Pregnancy Discrimination and Part-Time or Temporary Positions?

    In New Jersey, part-time and temporary workers are also protected from pregnancy discrimination under the NJLAD. Discrimination based on pregnancy is unlawful regardless of the permanency or hours of the position.

  • Are There Specific Protections for Women with High-Risk Pregnancies?

    Under the NJLAD, employers are required to provide reasonable accommodations for pregnant employees if requested, with advice from a physician. This can include women with high-risk pregnancies. Such accommodations might include more frequent breaks, modified work schedules, or temporary reassignments.

  • What Training and Awareness Programs Can Reduce Pregnancy Discrimination?

    Training that educates employees and employers on the rights of pregnant workers, as well as programs that promote empathy and understanding about the challenges pregnant employees might face, can be effective. This can be combined with awareness campaigns showcasing positive stories of employees during and post-pregnancy.

  • Are There Unique Protections Against Pregnancy Discrimination for Freelancers?

    In New Jersey, the NJLAD protects traditional employees, independent contractors, and freelancers from discrimination, including pregnancy discrimination. However, the relationship’s specifics and the work arrangement’s nature can influence how these protections are applied.

  • How Can I Support Colleagues Facing Pregnancy Discrimination in the Workplace?

    Supporting colleagues can involve being an active ally by listening to their experiences, offering to be a witness if they choose to report the discrimination, and encouraging an inclusive workplace environment. Familiarizing yourself with the New Jersey Law Against Discrimination can also provide insights into the rights of pregnant workers in the state.

  • What is pregnancy discrimination?

    Pregnancy discrimination arises when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

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  • Is my employer allowed to request a doctor’s note before approving pregnancy-related accommodations?

    Yes, your employer is allowed to request a doctors’ note if the request for accommodation falls under the Americans with Disabilities Act (“ADA“). However, the employer cannot single out pregnancy-related conditions for special procedures to determine the employee’s ability to work.

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  • Can my employer force me to take a pregnancy leave?

    No, your employer cannot force you to take leave. The Equal Employment Opportunity Commission (EEOC) requires employers to allow pregnant employees to work for as long as they are able to perform their jobs.

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  • What does the Pregnancy Discrimination 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.

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  • Is miscarriage a pregnancy condition under the Pregnancy Discrimination Act?

    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.

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