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Can I Take Bereavement Leave After a Miscarriage?

Whether you can take bereavement leave for a miscarriage depends on your employer’s policy.  Some companies proactively include miscarriage and pregnancy loss in the eligibility criteria for their bereavement leave […]

Whether you can take bereavement leave for a miscarriage depends on your employer’s policy.  Some companies proactively include miscarriage and pregnancy loss in the eligibility criteria for their bereavement leave policies, whereas others may have separate policies defined specifically for miscarriage. When a miscarriage is included in an existing bereavement leave policy, you can generally expect to have a few days of paid time off from work. However, if miscarriage is not included in the policy, it may mean that you have to take unpaid time off or use vacation time to cover your absence.

As an alternative to bereavement leave, women who have experienced a miscarriage are entitled to take time off under the Family Medical Leave Act (FMLA). Miscarriage is considered a serious health condition related to pregnancy, and most women are entitled to up to 12 weeks of unpaid, job-protected leave through FMLA. This extended leave may be helpful if you need additional time to process your loss. However, if your employer has a bereavement policy that allows you to take a certain number of days off with pay, this may be more helpful if you need your income to support yourself and your family. 

In an effort to address gaps and lack of consistency regarding leave coverage for miscarriage, many states have started amending legislation to require that companies acknowledge pregnancy loss in their bereavement leave policies so that employees can take time to grieve and process their loss. Further advocacy will likely be needed to maintain momentum in the efforts to have pregnancy loss widely recognized and included in bereavement leave policies throughout the nation. Until then, advocating for yourself and being transparent about the need for time off after experiencing a miscarriage is a crucial component in caring for your well-being and prioritizing your health.

Sources

“You Can Take Time Off After a Miscarriage. Here’s How to Do It.” InHerSight. https://www.inhersight.com/blog/pregnancy/miscarriage-leave-from-work 

“Emerging trend: Bereavement leave covers reproductive losses”. HR Morning. https://www.hrmorning.com/news/bereavement-leave-pregnancy/