Leave After Pregnancy Loss

A direct reference to the paid leave, unpaid leave, and federal protections that apply after miscarriage, stillbirth, failed adoption, or unsuccessful fertility treatment in the United States.

What this page is

Pregnancy loss is common — about one in four known pregnancies ends in loss. The leave laws are not. Federal protections are narrower than most people expect, state laws vary widely, and the people who would most benefit from this information are often least equipped to research it while grieving.

This page is a single reference for what's actually available in the US in 2026. We cover what time off is legally protected, what's paid versus unpaid, who qualifies, and where to start the conversation with your employer. Every legal claim links to its primary source.

Federal protections that apply in every state

The Family and Medical Leave Act (FMLA)

Pregnancy loss is treated as a "serious health condition" under FMLA. If your employer is covered (50+ employees within 75 miles) and you've worked 12+ months with 1,250+ hours in the prior year, FMLA gives you up to 12 weeks of unpaid, job-protected leave for physical recovery from a miscarriage, stillbirth, or related complication — and for treatment of any mental health condition arising from the loss. FMLA's job-protection guarantee means your employer must restore you to the same or an equivalent position when you return.

Reference: US Department of Labor — FMLA.

The Pregnant Workers Fairness Act (PWFA)

Effective June 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related medical conditions — explicitly including miscarriage, stillbirth, and abortion. Accommodations might include time off for medical appointments or recovery, modified work duties, or schedule flexibility, so long as they don't pose an undue hardship on the employer.

Reference: US Equal Employment Opportunity Commission.

The Pregnancy Discrimination Act (PDA)

At employers with 15 or more employees, the PDA prohibits firing, demoting, cutting hours of, or otherwise punishing an employee because of pregnancy or a pregnancy-related condition — including pregnancy loss. If your employer treats you worse after a miscarriage or stillbirth than they would have treated an employee with another short-term medical condition, that's a PDA violation.

The Americans with Disabilities Act (ADA)

Some pregnancy-loss-related conditions — significant physical complications, postpartum depression, post-traumatic stress — can rise to the level of a disability under the ADA if they "substantially limit a major life activity." When they do, the ADA's reasonable accommodation requirement applies, separate from the PWFA. Not every miscarriage meets this threshold; longer-term mental health conditions more frequently do.

State leave laws covering pregnancy loss

Five states currently have explicit reproductive-loss leave laws that go beyond general bereavement provisions. The details vary significantly — below is the state-by-state picture as of 2026.

California — Reproductive Loss Leave

Under Senate Bill 848 (codified at Government Code §12945.6), effective January 1, 2024, California requires employers with five or more employees to provide up to five days of reproductive loss leave per qualifying event, with a 20-day maximum in any rolling 12-month period. Qualifying events include miscarriage, stillbirth, failed adoption, failed surrogacy, and unsuccessful assisted reproduction (an unsuccessful IUI or IVF cycle). Eligibility requires 30 days of employment. The leave itself need not be paid, but employees may use accrued vacation, personal leave, or sick leave. No medical documentation is required. The partner who would have been a parent is also eligible.

Source: California Civil Rights Department fact sheet.

Illinois — Family Bereavement Leave Act

Illinois's Family Bereavement Leave Act (SB3120, effective January 1, 2023) provides up to two weeks of unpaid leave per qualifying event, with a six-week maximum in any 12-month period. Qualifying events include miscarriage, stillbirth, an unsuccessful round of intrauterine insemination or other assisted reproductive procedure, a failed adoption match, a failed surrogacy arrangement, and a fertility-related diagnosis. The Act only covers employers subject to FMLA (50+ employees), and the employee must have FMLA eligibility (12 months of employment and 1,250 hours worked).

Massachusetts — Earned Sick Time expansion

Effective November 21, 2024, Massachusetts expanded its Earned Sick Time law to cover pregnancy loss and failed assisted reproduction, adoption, or surrogacy. The expansion applies to all Massachusetts employers, regardless of size. Employees accrue 1 hour of sick time for every 30 hours worked, up to 40 hours per year. At employers with 11 or more employees, this time is paid; at smaller employers, it's unpaid but job-protected. Crucially, the coverage extends to the employee's spouse experiencing pregnancy loss — not only the person carrying the pregnancy.

Massachusetts PFML medical leave separately applies if you have a certified serious health condition resulting from the loss. The PFML family leave bonding benefit does not apply because there's no surviving child to bond with.

Minnesota — Pregnancy Loss Leave Act

Minnesota's Pregnancy and Parenting Leave Amendment (effective July 1, 2023) added pregnancy loss to the list of qualifying reasons for the state's parenting leave benefit, providing up to 12 weeks of unpaid, job-protected leave for miscarriage or stillbirth. The law applies to all Minnesota employers.

Washington — PFML expansion

Effective July 1, 2026, Senate Bill 5217 expanded Washington's Paid Family and Medical Leave program to provide seven paid days of bereavement leave for the death of a family member, including stillbirth. This is paid through the state PFML benefit at the same wage-replacement rate as bonding leave.

Other state programs that apply to physical recovery

Even in states without a specific reproductive-loss leave law, the state's general paid medical leave program typically covers the birthing parent's physical recovery from a pregnancy loss requiring delivery. This is one of the most under-explained protections in the US system.

States with general bereavement leave that may apply

Maryland, New Hampshire, Oregon, and Vermont have bereavement leave laws with varying coverage of pregnancy loss. Oregon's broader paid leave program (Oregon Paid Leave) and the Oregon Family Leave Act provide paid and unpaid bereavement options respectively. In every other state, bereavement leave is at the employer's discretion. Most large employers do provide it as a matter of policy even where not legally required.

What the non-birthing parent or partner can use

Federal FMLA covers leave to care for a spouse with a serious health condition, which includes pregnancy loss recovery. At FMLA-covered employers, the partner can take unpaid, job-protected leave to support the birthing parent through medical recovery and the immediate aftermath.

State paid family leave programs that include caregiving as a covered reason — California PFL, New York PFL, New Jersey FLI, Massachusetts PFML family leave — pay the partner during this period at the same wage-replacement rate as bonding leave. California's reproductive loss leave under SB 848 is explicitly available to the partner who would have been a parent. Massachusetts's earned sick time covers the spouse's pregnancy loss directly. Illinois's Family Bereavement Leave Act covers the partner under the same terms as the birthing parent.

How to talk to your employer

You don't have to share more than you're comfortable sharing. The leave laws above generally require you to notify your employer that you need leave, not why specifically — "I'm taking medical leave for a serious health condition" is often sufficient for FMLA. For PWFA accommodations, you'll need to identify the condition (pregnancy loss or a related medical issue) but not provide intimate detail.

Practically: HR is usually the right first conversation, not your direct manager. HR is bound by confidentiality rules that managers are not. If your employer has an employee assistance program (EAP), it's typically confidential and can be a useful resource separate from your formal leave.

Document the request. A short follow-up email to HR confirming what leave you're taking and when, even after a verbal conversation, creates a record both sides can refer back to.

Most state leave laws and the PWFA do not require medical documentation for short-duration loss leave. FMLA does for the formal job-protection certification — your provider's office handles this with a routine form.

Mental health and community resources

Frequently asked questions

Can I use FMLA after a miscarriage or stillbirth?

Yes, if your employer is covered (50+ employees within 75 miles) and you meet the tenure and hours thresholds (12 months on the job, 1,250 hours in the prior year). Pregnancy loss is treated as a 'serious health condition' under FMLA — both for the physical recovery (which is typically certified by your provider) and for treatment of any mental health condition resulting from the loss. FMLA provides up to 12 weeks of unpaid, job-protected leave per year.

Is there paid leave specifically for pregnancy loss in any state?

Some states have explicit reproductive-loss leave laws — California (5 days per event under SB 848), Illinois (2 weeks under the Family Bereavement Leave Act), Massachusetts (paid via Earned Sick Time after a November 2024 expansion), Minnesota (up to 12 weeks via the Pregnancy Loss Leave Act), and Washington (7 paid days via PFML starting July 2026). Most are unpaid leave; California and Massachusetts allow you to use accrued paid time off, and Massachusetts and Washington provide paid time directly. The other 45 states require workers to use the more general categories below — state PFML medical leave for physical recovery, sick leave, or unpaid FMLA.

Do state PFML programs cover physical recovery after pregnancy loss?

Yes, in every state that has a paid medical leave program. Pregnancy loss — particularly later loss requiring delivery — is a 'serious health condition' that qualifies for state disability or PFML medical leave. California SDI, New York DBL, New Jersey TDI, and Massachusetts PFML medical leave all apply for the physical recovery period (typically 6-8 weeks for vaginal delivery, longer for C-section or complications). The bonding portion of these programs — California PFL, New York PFL, New Jersey FLI, Massachusetts PFML family leave — typically does not apply because there is no living child to bond with. New York PFL specifically excludes stillbirth from its bonding benefit; legislation to change this (S4376) was pending as of 2026.

Can my partner take leave after our pregnancy loss?

Yes, in several ways. FMLA covers leave to care for a spouse with a 'serious health condition' — which includes pregnancy loss recovery — at FMLA-covered employers. State paid family leave programs that include caregiving (California PFL, New York PFL, New Jersey FLI, Massachusetts PFML family leave) typically apply when the partner is the primary caregiver during recovery. Massachusetts's earned-sick-time expansion explicitly covers the spouse's pregnancy loss. California's reproductive loss leave is available to the partner if they would have been a parent of the child. Bereavement leave laws vary widely by state and employer.

Are failed IVF or IUI cycles covered by any leave law?

California's reproductive loss leave (SB 848) covers unsuccessful assisted reproduction explicitly — IVF cycles that don't result in pregnancy, failed embryo transfers, unsuccessful IUI. Illinois's Family Bereavement Leave Act covers unsuccessful fertility treatment events. Massachusetts's earned sick time covers failed assisted reproduction. The Pregnant Workers Fairness Act (federal, 15+ employees) requires reasonable accommodations for fertility treatment as a pregnancy-related medical condition. Outside these specific protections, time off for fertility treatments typically comes from your accrued sick leave, vacation, or short-term disability if available.

What if my employer doesn't have to follow any of these laws?

If your employer has fewer than 50 employees (FMLA doesn't apply), fewer than 15 (PWFA doesn't apply), and is in a state with no specific pregnancy-loss leave law, your protections shrink to whatever your employer voluntarily offers. Most small employers do provide bereavement leave even when not legally required — start by reviewing your employee handbook and asking HR directly. The Pregnancy Discrimination Act still applies at 15+ employee employers and protects you from being fired or punished because of your loss. Outside that, your option is to use accrued PTO or sick time, and to negotiate honestly with your employer about how much time you need.

Where do I find emotional and community support?

Postpartum Support International (postpartum.net) maintains a directory of loss-trained mental health providers and runs free virtual support groups. Star Legacy Foundation runs free online groups facilitated by trained mental health professionals with personal experience of perinatal loss. Share Pregnancy & Infant Loss Support provides peer support groups, online support chats, and comfort kits for families attending the burial or first support group. The MISS Foundation runs the long-standing Kindness Project community and grief retreats at Selah Carefarm. The CDC's stillbirth resources page links to additional clinical and bereavement organizations. If you're in crisis, call or text the national 988 Suicide & Crisis Lifeline 24/7.

What this page isn't

This is a reference, not legal advice and not medical advice. State laws change every legislative session, federal regulations are interpreted and re-interpreted by the courts, and individual employer policies often exceed legal minimums. For a specific situation, confirm with your HR department, an employment attorney, your state's Department of Labor, or an organization like A Better Balance that runs a free workers' rights helpline.

We update this page when laws change or when readers point out something we got wrong. Let us know if you find an error or if you'd like to see additional coverage — particularly for a state we haven't yet detailed.

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