Your disability benefits for miscarriage

State disability benefits can cover half to two-thirds of your salary and may last anywhere from four to 12 weeks. When state short-term disability runs out, some states may offer unpaid disability leave or unpaid pregnancy disability leave.

California offers this option and in 2004 became the first state to offer paid leave to families. If you have suffered a miscarriage and would like to take some time off to recuperate physically and mentally, then check with your company human resources department to see what options are available to you.

What Canada Offers

In Canada, the possibility of a miscarriage is taken into consideration to determine the length of maternity leave. Under the Employment Standards Act, pregnancy leave is defined as a leave of absence from work from 17 to 52 weeks.

An employee has the option of deciding between "pregnancy leave" and "parental leave," which is another leave of absence for up to 35 weeks. If not using the pregnancy or parental leave, a person may be entitled to disability benefits when unable to work. If you suffer a miscarriage, you may take pregnancy or parental leave in order to deal with your loss.

A person may also apply for employment insurance benefits from the federal Employment Insurance Program during pregnancy or parental leave. According to labor standards legislation, in most Canadian provinces, an employee is entitled to an extension of maternity leave for an additional six weeks unpaid leave when a physician ascertains she cannot return due to birth-related medical reasons.

Know Your Rights

If you are a working woman and have suffered from a miscarriage, you know how confusing it can be to negotiate state and federal maternity leave law.

Become informed of your rights in employment laws regarding pregnancy, pregnancy complications and miscarriage in your state. If you are unsure about your rights, you should contact your company union or human resources department to find out about your company's maternity leave policy.

Talk to other women who have experienced pregnancy loss in the forum


Table of Contents
1. Taking Leave for a Miscarriage
2. How much time can you take off?
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