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Understanding Your Rights: Returning to Work After Stillbirth in the US

The loss of a baby through stillbirth is a profound and deeply personal experience. While grieving mothers navigate immense emotional pain, there's the added concern of managing practical matters, including understanding your employment rights in relation to returning to work. Navigating this complex landscape shouldn't be an additional burden; this blog post aims to guide you through the legal and practical aspects of taking time off to grieve and heal.




Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for a variety of qualifying reasons, including:

  • Serious Health Condition: If your stillbirth resulted in serious medical complications, or if the emotional trauma causes a debilitating condition (as certified by a healthcare provider), you may qualify for FMLA leave.

It's important to note that not everyone is covered by FMLA. To be eligible, you need to meet the following criteria:

  • Worked for your employer for at least 12 months.

  • Worked at least 1,250 hours during the 12 months prior to the start of your leave.

  • Work at a location with at least 50 employees within a 75-mile radius.

State Laws and Company Policies

Beyond FMLA, your rights may also be determined by the following:

  • State Laws: Several states have their own leave laws that may provide additional protections or benefits. Check your state's labor department website for specific information.

  • Company Policies: Your employer might offer a bereavement leave policy, even if they're not required by law to do so. Consult your employee handbook or speak to your HR representative for details.

Navigating Your Return to Work

Understanding your legal rights is the first step; the next is knowing how to communicate with your workplace and prepare for your return. Here are some tips:

  • Communicate Openly: When you feel ready, inform your employer about your situation. While not legally required, it's good practice to provide as much notice as possible about when you intend to return and any accommodations you might need.

  • Talk to Your Healthcare Provider: Consult with your doctor or therapist about your readiness to return to work. They can help assess your emotional and physical well-being.

  • Consider a Phased Return: If possible, ask your employer about the possibility of a gradual return, starting with a reduced schedule or modified duties. This can ease your transition back into the workplace.

  • Seek Support: Don't hesitate to reach out to HR, your manager, or trusted colleagues as you discuss your return. They can provide support and clarity regarding policies and adjustments.

Additional Resources and Support

Remember, you are not alone. Here are some organizations providing support and resources specifically for those who have experienced stillbirth:

  • SHARE Pregnancy & Infant Loss Support: https://nationalshare.org/: Offers support groups, resources, and a community for bereaved parents.

  • Return to Zero: HOPE: https://rtzhope.org/: Focuses on healing and provides information on coping mechanisms and resources.

  • Postpartum Support International (PSI): https://www.postpartum.net/: Provides support and resources on perinatal mental health, which can include grief due to pregnancy loss.

Final Thoughts

Returning to work after stillbirth can be incredibly challenging. Be patient with yourself, prioritize your well-being, and advocate for your needs. While this guide provides essential information, always consult reliable legal and/or healthcare professionals for guidance specific to your unique circumstances.


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Does your hospital have a cooling cradle?

Donating a Cenotaph Cradle to your local hospital can memorialize a baby, and help families affected by infant loss in the future gain the gift of time. 

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