Resources Article

Fact Sheet: Pregnancy Loss and Workplace Rights

Posted: July 19, 2018

Updated: November 8, 2023

Resources Categories: Paid Family & Medical Leave, Pregnant Workers Fairness

Various federal, state, and local laws give workers who experience, or are at risk of, pregnancy loss the right to take time off, receive reasonable accommodations, and be free from discrimination. This fact sheet will help you navigate your workplace rights if you have had, or are at risk of, pregnancy loss.

What is pregnancy loss?

A miscarriage is the loss of a pregnancy before 20 weeks’ gestation. Miscarriages arevery common, occurring in about 25 percent of pregnancies.
The loss of a fetus after 20 weeks’ gestation is medically considered a stillbirth. While advances in prenatal care have generally decreased stillbirths, stillbirth disproportionately affects Black women and low-income pregnant people.
The symptoms of pregnancy loss may include severe pelvic or back pain, painful contractions, and bleeding with or without pain. Caring for pregnancy loss often requires medical treatment to remove the tissue from the body. This treatment can be by medication or by surgery. Physical recovery may be a few days to more than six weeks. Some people may also experience mental health needs or conditions related to pregnancy loss.
Both stillbirth and miscarriage are considered pregnancy loss. Those who lose a fetus at any stage of pregnancy, or who are at risk of pregnancy loss, are entitled to the legal protections outlined in this fact sheet.

Do I have the right to take leave while experiencing or recovering from pregnancy loss, under nationwide laws?

The nationwide Family and Medical Leave Act (“FMLA”) gives eligible workers theright to take unpaid leave to care for their own serious health conditions, among other purposes. Pregnancy loss is considered a “serious health condition” under the FMLA. You may be entitled to job-protected leave to physically recover from a lost pregnancy, as well as to treat any mental health conditions arising from your pregnancy loss. Learn more here.
- Am I covered? You are covered if you work for an employer with 50 or more employees within a 75-mile radius of your worksite, you have worked for your employer for at least one year, and you have worked at least 1,250 hours in the 12 months preceding your pregnancy loss.
- How much unpaid leave can I take? You can take up to 12 weeks of FMLA leave per year.
Under the nationwide Pregnant Workers Fairness Act (“PWFA”), you may also have the right to job-protected, unpaid leave as a reasonable accommodation, unless providing such leave would create an undue hardship for your employer. Learn more here.
- Am I covered? You are likely covered if you work for an employer with 15 or more employees.

What additional rights to leave might I have under state and local laws?

Paid sick leave: If your state or locality has a paid sick leave law, and you are eligible under that law, you may be entitled to paid sick time while experiencing or recovering from pregnancy loss. Learn more here.
Medical leave or temporary disability insurance: If your state or locality has a pregnancy-leave law, paid or unpaid medical leave law, or short-term disability law, you may be entitled to job-protected leave and/or partial wage replacement if you miss work due to pregnancy loss. Such leave is usually a longer-term leave lasting anywhere from a week up to a few months, although it can sometimes be used in shorter increments. Learn more here.
Other laws: You may have additional rights to time off, such as if your state or locality has a bereavement leave law.

Do I have the right to an accommodation at work following pregnancy loss, under nationwide laws?

Under the nationwide Pregnant Workers Fairness Act (“PWFA”), you may have the right to reasonable accommodations for health needs related to pregnancy, childbirth, or related medical conditions.
- Am I covered? You are likely covered if your employer has at least 15 employees. What kinds of accommodations might I be entitled to? The PWFA requires employers to provide reasonable accommodations so long as they do not cause “undue hardship.” Reasonable accommodations can include:
- Time off to recover or attend health care appointments;
  - Extra bathroom breaks, assistance with lifting or operating machinery;
    - Rest breaks;
    - A flexible or modified work schedule;
    - Temporary reassignment to light duty;
    - Remote work;
    - And more.
  - The PWFA also requires an interactive process, meaning your employer must work with you to determine what accommodations meet your health needs related to pregnancy loss. Learn more here.

What additional rights to accommodation might I have under state and local laws?

State/local pregnant workers fairness laws: In addition to the federal PWFA, many states and localities have passed similar laws giving workers an affirmative right to accommodations for pregnancy, childbirth, and related medical conditions. Under these laws, you may have the right to a reasonable accommodation at work for pregnancy loss, even if you work for an employer with fewer than 15 employees. Learn more here.

Do I have the right to not be discriminated against by my employer because I have experienced pregnancy loss, under nationwide laws?

Under the Pregnancy Discrimination Act (“PDA”), employers cannot treat employees affected by pregnancy or related conditions differently from other employees similar in their ability or inability to work. Pregnancy loss is a pregnancy-related medical condition under the PDA. Your employer cannot fire you, demote you, cut your hours, harass you, or penalize you in any way for having a miscarriage.
- Am I covered? You are covered if you work for an employer with 15 or more employees.
- Under the Pregnant Workers Fairness Act (“PWFA”), employers cannot punish you or otherwise treat you less well (e.g., demote or fire you) because you needed, requested, or used a reasonable accommodation for pregnancy loss. Learn more here.

What additional rights do I have to be free from discrimination, under state and local laws?

State/local antidiscrimination laws: Many states and localities have general antidiscrimination laws that prohibit discrimination (i.e., treating someone less well) on the basis of pregnancy, sex, familial status, and/or caregiver status. Discrimination due to pregnancy loss may be protected under these laws, even if you work for an employer with fewer than 15 employees. Learn more here.