McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500

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 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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  • What Maternity Benefits am I Entitled to?

    Federal and state laws provide new parents with maternity benefits and protections. Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

    • Maternity leave
    • Job security
    • Protect employees from pregnancy discrimination and maternity leave discrimination
    • Family leave insurance

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  • Is There a right to Accommodation Based on Pregnancy During the Pandemic?

    Yes. Pregnancy-related medical conditions may be considered disabilities under the ADA, although pregnancy itself is not an ADA disability. If an employee makes a request for reasonable accommodation due to a pregnancy-related condition, the employer is obliged to consider the request under ADA rules. Additionally, as amended by the Pregnancy Discrimination Act, Title VII specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the equal to others who are similar in ability or inability to work. A pregnant employee may be entitled to job modifications, such as telework, modified work schedules or assignments, and leave (to the extent provided to similarly situated employees).

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  • When Do I Have to Go Back to Work Following My Pregnancy?

    Federal and state laws provide pregnant women and new parents with maternity benefits and protections. The federal Family and Medical Leave Act (FMLA), provides eligible employees of covered employers unpaid, job-protected leave for up to 12 weeks.

    Additionally, under the state New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child.

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  • How Much Maternity Leave Am I Entitled to?

    The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. Under the New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child. Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn.

  • Is Pregnancy Discrimination Illegal?

    Yes. Congress passed the Pregnancy Discrimination Act (PDA) in 1978. This act protects pregnant employees from discrimination in the workplace. Under this law, discrimination on the basis of pregnancy or childbirth constitutes unlawful sex discrimination. Therefore, employers may not discriminate against employees on the basis of pregnancy or pregnancy-related conditions.

    Pregnancy discrimination includes:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination
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