PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Gould & Berg , LLP | Attorneys At Law

Flexible Appointments Available



Can you take leave from work after a miscarriage?

On Behalf of | Jan 9, 2019 | Employer Rights, Gender & Pregnancy Discrimination

Suffering through a miscarriage is an emotionally devastating loss that can take a significant amount of time to properly diagnose, treat and heal. If you have suffered through a miscarriage, New York laws allow you time to physically and emotionally recover.

Read on to learn more about your rights to take leave after a miscarriage in New York.

New York temporary disability benefits

The state of New York treats miscarriage the same as an off-the-job injury or illness, which requires employers to provide disability benefits to employees under New York’s Disability Benefits Law.

Those who suffer injury from a miscarriage can receive weekly pay for up to 26 weeks to partially replace lost wages. These payments are 50 percent of your average weekly wage for the last eight weeks worked, but no more than $170 per week. Disability benefits are subject to Social Security and Medicare taxes.

However, disability benefits and paid family leave benefits cannot be collected at the same time.

Women are required to submit a medical report from a doctor or certified nurse-midwife stating your disability is due to pregnancy.

Employer retaliation

If your employer is pressuring you to return to work, retaliating against you for your condition or terminating your position, they are directly violating your rights. Women often face pregnancy discrimination at work. If you’ve gone through the trauma of a miscarriage, don’t let your employer add to the suffering you’re already enduring.

Contact a New York employment law attorney to learn more about how you can handle instances of employer retaliation, discrimination or wrongful termination after taking leave under these circumstances. An employment law lawyer can also help you understand other New York employment laws as they relate to your rights after a miscarriage.