By Attorneys Hartman, Chartered, New Jersey Employment Law Attorneys
Losing a pregnancy is one of the most painful experiences a person can go through, and grief does not follow a work schedule. If you have suffered a miscarriage or stillbirth, the last thing you should have to worry about is whether your job will still be there when you are ready to return. The Pregnant Workers Fairness Act gives employees in New Jersey real, enforceable rights to time off and workplace support after pregnancy loss, yet many workers have never been told these protections exist.
October is Pregnancy and Infant Loss Awareness Month, and October 15 is observed across the country as a day of remembrance for families who have experienced this kind of loss. It is a fitting time to talk about what the law actually promises grieving employees, because too many people return to work after a loss without knowing they had the right to ask for more time or support.
If your employer refused to accommodate you or punished you after a pregnancy loss, the employment attorneys at Attorneys Hartman, Chartered can help you understand your options. Call our Moorestown office at 856-393-6073 or reach out through our online contact form to schedule a free consultation.
Pregnancy Loss And The Pregnant Workers Fairness Act: Does Federal Law Cover Miscarriage And Stillbirth?
The federal Pregnant Workers Fairness Act, often shortened to the PWFA, took effect on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause the business an undue hardship.
The phrase related medical conditions is broader than many workers realize. The Equal Employment Opportunity Commission, the federal agency that enforces the PWFA, has made clear that miscarriage and stillbirth are related medical conditions under the law. In other words, the PWFA protects you not only while you are pregnant but also after a loss, when you may need time to recover physically and emotionally.
These protections have real teeth. The EEOC regulations that took effect in 2024 specifically list time off to recover from a miscarriage or stillbirth as an example of a reasonable accommodation, and the agency has pursued enforcement actions against employers who denied that kind of leave.
Just as important, the PWFA may protect you even if your employer has no bereavement leave policy at all. If you need time off to recover physically or address mental health concerns after a pregnancy loss, federal law may require your employer to provide reasonable accommodations, regardless of what the employee handbook says.
Reasonable Accommodations After Pregnancy Loss: What Can You Ask Your Employer To Provide?
A reasonable accommodation is simply a change to how, when, or where you work. After a pregnancy loss, the accommodations that matter most often include:
- Time off to recover: Leave to heal physically and emotionally after a miscarriage or stillbirth, even if you have used up your paid time off
- A modified schedule: Later start times, shorter shifts, or a temporary part-time arrangement while you recover
- Remote work: Working from home during recovery when your job duties allow it
- Time for appointments: Flexibility to attend follow-up medical care, counseling, or therapy
- Lighter physical demands: Temporary relief from heavy lifting, prolonged standing, or other strenuous tasks while your body heals
Once you request an accommodation, your employer should work with you through what the law calls the interactive process, a conversation about what you need and how the employer can help. Your employer generally cannot force you to take leave when another reasonable accommodation would allow you to keep working, nor can it require you to accept an accommodation without going through that process.
Although employers can deny accommodations that would cause undue hardship, they must demonstrate significant difficulty or expense. That means your employer cannot simply dismiss a request for recovery leave after a miscarriage or stillbirth because it would be inconvenient.
Requesting Leave After A Miscarriage: How Do You Start The Accommodation Process?
You do not need to use any magic words or fill out a special form to trigger your rights. Telling a supervisor or human resources that you experienced a pregnancy loss and need time off or an adjustment is enough. Still, a little structure protects you if a dispute arises later. Here is a simple path to follow:
- Notify your employer: Tell a supervisor or human resources that you have experienced a pregnancy loss and need leave or another change
- Put it in writing: A short email creates a record of when you asked and what you requested
- Take part in the conversation: Answer reasonable questions so your employer can identify an accommodation that works
- Keep your records: Save emails, doctor's notes, and every response you receive
- Watch the calendar: Legal deadlines apply if your employer denies your request or retaliates against you
Your employer may ask for medical documentation in some circumstances, but the EEOC limits how much information it can demand.
When you request recovery leave after a miscarriage or stillbirth, your employer generally cannot require extensive medical records or unnecessary details about your loss. Instead, any reasonable documentation request should focus on confirming your pregnancy-related limitation and why you need time away from work.
New Jersey Pregnancy Loss Protections: What Rights Do You Have Beyond The Federal PWFA?
Workers in New Jersey often have stronger protections than federal law alone provides. The New Jersey Law Against Discrimination requires nearly every employer in the state, regardless of size, to reasonably accommodate pregnancy, childbirth, and related medical conditions, and it prohibits treating an employee worse because of a pregnancy-related condition. That coverage reaches recovery from pregnancy loss, so even employees of small businesses in Moorestown, Cherry Hill, or Mount Laurel have a state law to stand on.
Several other laws may add to your rights. If your employer has 50 or more employees and you meet the eligibility rules, the federal Family and Medical Leave Act can provide up to 12 weeks of unpaid, job-protected leave for a serious health condition, which can include physical and mental health complications following a loss. New Jersey Temporary Disability Insurance can replace a portion of your wages while a medical provider certifies that you are unable to work during recovery, whether you were treated at Virtua in Burlington County, Cooper University Hospital in Camden, or elsewhere.
New Jersey lawmakers are also considering legislation that would expand the New Jersey Family Leave Act to provide bereavement leave after a miscarriage or stillbirth. Assembly Bill A113 would allow eligible employees to use family leave to grieve after a miscarriage or stillbirth and could expand access to family temporary disability leave benefits. Introduced in January 2026, the bill has not yet become law. If enacted, it could give grieving workers throughout South Jersey and across the state greater access to protected time off and financial support following pregnancy loss.
The bottom line is that federal and state protections stack. A worker in Camden County might have rights under the PWFA, the NJLAD, the FMLA, and Temporary Disability Insurance all at the same time, and an attorney can help you figure out which combination fits your situation.
Retaliation After Pregnancy Loss Leave: Can Your Employer Punish You For Asking For Time Off?
No. Both the PWFA and the NJLAD prohibit employers from retaliating against you for requesting an accommodation, taking leave, or complaining about how you were treated. Retaliation is not limited to firing. Sudden demotions, cut hours, negative reviews that appear out of nowhere, exclusion from meetings, or a newly hostile supervisor after you disclosed your loss can all be evidence of unlawful retaliation.
Deadlines matter here. A charge with the EEOC generally must be filed within 300 days in New Jersey, and claims under the NJLAD are generally subject to a two-year statute of limitations. If something feels wrong, write down what happened while the details are fresh and talk to an employment lawyer sooner rather than later.
Frequently Asked Questions About Pregnancy Loss And Your Job In New Jersey
Does The Pregnant Workers Fairness Act Cover Miscarriage And Stillbirth?
Yes. The EEOC treats miscarriage and stillbirth as related medical conditions under the Pregnant Workers Fairness Act, which means employees of covered employers can request reasonable accommodations, including recovery leave, after a loss.
How Much Time Off Can I Take After A Pregnancy Loss?
There is no fixed number of days. The right amount depends on your medical needs and what qualifies as reasonable for your job. Some workers need a week, while others need considerably longer, especially after a stillbirth or complications. New Jersey Temporary Disability Insurance may replace part of your pay during that time.
Can My Employer Require A Doctor's Note Before Granting Leave?
Sometimes, but only within limits. An employer may request reasonable documentation in certain situations, but it cannot demand exhaustive medical records or use paperwork requirements to stall an obvious request.
Can My Spouse Or Partner Take Time Off After Our Pregnancy Loss?
The PWFA covers the employee who was pregnant. A spouse or partner may still have options through the FMLA, employer bereavement policies, or paid time off, and pending New Jersey legislation would extend bereavement leave rights more broadly if it becomes law.
What If I Was Fired After Telling My Employer About My Miscarriage?
A termination that follows closely after you disclosed a pregnancy loss or requested leave may be wrongful termination or unlawful retaliation under federal and New Jersey law. Preserve your records and speak with an employment attorney quickly, because filing deadlines apply.
Talk To A New Jersey Employment Lawyer About Your Rights After Pregnancy Loss
Grief is heavy enough without a legal fight on top of it. If your employer denied you leave, refused a simple accommodation, or treated you worse after a miscarriage or stillbirth, you do not have to sort through the PWFA, the NJLAD, and the FMLA on your own. The attorneys at Attorneys Hartman, Chartered have decades of experience standing up for employees throughout Burlington County, Camden County, and the rest of South Jersey, and we handle every case with the compassion these situations deserve.
Call us at 856-393-6073 or fill out our online contact form today to schedule a free consultation. We will listen to what happened, explain your rights in plain English, and help you decide what to do next.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.