The FMLA (Family and Medical Leave Act) covers up to 12 weeks of time off work for a miscarriage for employees who qualify. Both mothers and fathers may qualify to take FMLA leave after a miscarriage.
You can learn more about the time available to you in this challenging time with a Boston Family and Medical Leave Act (FMLA) lawyer. An attorney can provide more information about how to apply for time off and help if your employer unjustly refuses your request.
Does the FMLA Cover Miscarriage?
Yes, miscarriage is covered under the FMLA, which represents a bereavement benefit most women don’t know about. The protection matters because up to 50% of pregnancies can result in a miscarriage.
A recent survey reported that 77% of surveyed women were unaware of FMLA protections regarding miscarriage despite the fact that 87% of women have gone through a miscarriage while holding a job.
Does FMLA Cover Miscarriage Leave for Husbands?
Yes, a husband can request unpaid leave through the FMLA after a miscarriage. FMLA allows you to take leave to care for a family member who needs assistance with a “serious health condition,” like the aftermath of a miscarriage.
For a free legal consultation, call (860) 999-9394
What Leave Can You Get Through FMLA After a Miscarriage?
The FMLA guarantees qualified employees up to 12 weeks of unpaid leave for “serious health conditions,” including the effects of miscarriage. You do not have to take the full 12 weeks of protected leave after a miscarriage.
Note that you can only take this leave if you meet the eligibility criteria established by the government. For example, eligible employees must:
- Work for an employer that has a minimum of 50 employees within 75 miles
- Work for this covered employer for a minimum of 12 months
- Work at least 1,250 hours before a period of FMLA leave
FMLA protections can apply to private-sector employees, employees for public agencies, and people who work for local educational agencies. You can learn more about your eligibility with a Boston labor and employment law firm.
Do You Need a Doctor’s Note for Miscarriage for FMLA?
You may not need to provide a doctor’s note specifying that you had a miscarriage to take leave under the FMLA. This form of protection does not require you to use specific language about your condition.
However, you do need to provide information that shows that the FMLA needs to cover your leave. In some cases, your employer can request written proof that you require leave. In this situation, you need to provide certification from your healthcare provider.
The FMLA requires this certification to provide information about:
- The date that your health condition started
- The probable time the condition will last
- Appropriate medical facts
Your healthcare provider can give you more information about the “appropriate facts” they need to provide after a miscarriage. Remember, miscarriage is covered under the FMLA. A medical professional can provide more details about how to take this leave.
Click to contact our labor & employment lawyers today
What Does FMLA Protection Promise You?
The FMLA guarantees covered employees up to 12 weeks of protected unpaid leave every year. Your employer must maintain your job when you take FMLA leave, so you should have a chance to return to your prior position after your leave ends.
However, some employers fail to follow these regulations. They may not maintain your job or may take steps to retaliate against you once you return from leave. For example, they could deny you promotions or terminate you without cause.
In this situation, you can reach out to a Boston workplace retaliation lawyer for help. An attorney can review your situation and see if your employer responded improperly to your FMLA leave for a miscarriage.
Complete a Free Case Evaluation form now
Can You Get Paid for Your FMLA Leave for a Miscarriage?
The FMLA provides you with unpaid leave. However, you may substitute your accrued paid leave from your employer in some situations. If you choose to substitute paid leave time for FMLA time, your paid leave receives FMLA protections.
Therefore, let’s say that you needed a month of time away from work to recover from a miscarriage. You elect to use accrued paid sick leave for two of these weeks, substituting this time for the FMLA leave.
In this situation, you can receive pay from your employer for two of your weeks off. Additionally, your employer must protect your position during the two weeks you spent off work through paid sick leave as well as the two weeks that fall under FMLA leave.
Talk to Us About FMLA Protections for Miscarriage
Is miscarriage covered under the FMLA? Yes, the FMLA allows eligible employees to take up to 12 weeks of unpaid leave after a miscarriage. You can take this time if you experienced a miscarriage or if your spouse lost a pregnancy.
You can learn more about FMLA protections and your legal options if your employer treats you unfairly after you return from leave from our team at Duddy, Goodwin & Pollard. You can call or complete our online contact form for professional help.
Call or text (860) 999-9394 or complete a Free Case Evaluation form