Earlier this year, a bill was introduced in the New Jersey Legislature that would require employers to provide bereavement leave to employees experiencing the death of a child or a miscarriage, among other reasons. However, there has been no movement on the bill since February.
When an employer-member of the Employers Association of New Jersey (EANJ) sought information in late September regarding policies on time-off benefits for individuals experiencing pregnancy loss and related challenges, EANJ conducted a membership survey. The survey results revealed that all 60 participating employers offered bereavement days or other forms of paid time off for bereavement purposes. Only 14% of respondents had formalized policies explicitly addressing pregnancy-related losses, offering between three and five days for these purposes.
Some respondents indicated that while their policies did not explicitly address pregnancy loss, it would be covered under the category of loss of a child or immediate family member. Pregnancy loss, including miscarriages and stillbirths, is a deeply personal and often distressing experience. Its impact transcends backgrounds, ages, and genders, making it a universal concern. The emotional and physical recovery from pregnancy loss can be challenging, requiring time and support to heal.
Historically, workplace policies surrounding pregnancy loss have been either nonexistent or insufficient, leaving individuals to navigate their grief while maintaining regular work commitments.
“As our understanding of mental health and well-being has expanded, so too has our recognition of the need for compassionate policies that address the unique challenges of pregnancy loss,” said Amy Vazquez, vice president of EANJ.
In certain circumstances, temporary disability benefits may be available when an employee is unable to work for eight days or longer. The newly enacted federal Pregnant Workers Fairness Act (PWFA) imposes an obligation on covered employers (those with 15 or more employees) to provide “reasonable accommodations” for known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodation would create an “undue hardship” for the employer.
The Equal Employment Opportunity Commission (EEOC), charged with enforcing the PWFA, has proposed regulations that include providing accommodations for pregnancy and “related medical conditions.” The proposed definition includes miscarriage, fertility care, past and future pregnancies, and stillbirths. Accommodations under the PWFA could include time off for medical appointments and recovery.
“It is encouraging to see employers going beyond mere compliance and contemplating the inclusion of this type of employee benefit which supports grieving employees in the same way as traditional policies support joyful new parents,” said Vazquez.
EANJ is a nonprofit trade association dedicated to improving employer-employee relations and facilitating information exchange among employers. It does not render legal services or offer legal opinions. Benefit plans are governed by plan documents; EANJ membership does not guarantee participation in any plan.
