After Miscarriages, Workers Have Few Guarantees for Time Off or Job-Based Help
For three years, Rachel Makkar said, she thrived in her job as a broker and asset manager at J&B Building Co. in Colorado. She excelled at her work 鈥 she said her performance reviews noted that 鈥 and she thought it was 鈥渢he best place I鈥檝e ever worked.鈥
That changed in August. After trying for 鈥渁 really long time鈥 to conceive a second child, she suffered an early miscarriage at home one weekend. She couldn鈥檛 go to work that Monday. 鈥淚 was really traumatized,鈥 she said. 鈥淭hat entire first week was like a heightened level of emotion that I hadn鈥檛 really been through before.鈥 She also had a doctor鈥檚 appointment to ensure she wasn鈥檛 experiencing an ectopic pregnancy, which would have required immediate surgery.
She had emailed her bosses, informing them of the miscarriage and her need to take Monday off, which she had enough paid leave to cover. Because of the pandemic, she had been working from home several days a week and opted to do that again Tuesday because she was still bleeding and her face was 鈥渟o puffy from crying,鈥 she said. She returned to the office, as scheduled, on Wednesday, she said, and then, given that her managers were out of the office, worked from home the rest of the week.
The following week, 10 days after her miscarriage, one of the company owners called her and fired her, allegedly for working from home repeatedly, even though others at the firm had similar hybrid schedules, according to Makkar. She was 鈥渟hocked.鈥
When Makkar reminded him that she had worked from home because of her miscarriage, she said he responded, 鈥淲hen my wife had a miscarriage in the beginning of our marriage, she only took a half a day off work.鈥
Getting fired right after her miscarriage 鈥渨as really, really awful,鈥 she said through tears. 鈥淵ou鈥檙e already so devastated, and it鈥檚 just another blow.鈥
Makker filed a complaint based on her allegations against J&B with the Colorado Civil Rights Division, accusing the company of gender and pregnancy discrimination for her firing, in violation of Colorado state laws. 鈥淭his shouldn鈥檛 have to happen to other women,鈥 she said.
Makkar鈥檚 lawyer, David E. Gottlieb, said they 鈥渋ntend to file a lawsuit in the coming months in Colorado state court.鈥
A lawyer for J&B said its policy is not to comment on ongoing litigation and declined to provide any responses the company may have filed with the state. 鈥淲e鈥檙e just confident that once the facts are reviewed the company will be vindicated,鈥 he said.
Miscarriage, which occurs in of all pregnancies, is the most common form of loss of a pregnancy. And yet there are no national laws that protect people when they need time off from work to deal with the loss.
The physical needs of someone who experiences a miscarriage vary greatly. Within the first week or two, symptoms may resemble a heavy menstrual period with cramping and some pain. The later in the pregnancy that a miscarriage occurs, the more likely there will be significant bleeding, 鈥渢o the point where it leads to anemia in some cases,鈥 said , a reproductive endocrinologist and fertility specialist with CCRM San Francisco. Some people have such heavy contractions that they need pain management, he added. Miscarriages in the second trimester or later may require procedures needing hospital admission. The aftereffects are often unpredictable and can last for weeks or months.
鈥淢iscarriage is not a one-and-done thing at all,鈥 Salem said. 鈥淚t drags on physically, mentally, and emotionally.鈥
The emotional aspect 鈥渃an be a very traumatic experience,鈥 noted , a professor of communications studies at Indiana University who has studied miscarriage for a decade. Some people blame themselves even though the vast majority of early miscarriages are due to chromosomal abnormalities beyond people鈥檚 control. Compounding the grief is the lack of established rituals that accompany other losses, as well as a stigma some people attach to miscarriage.
In the wake of such trauma, 鈥渋t鈥檚 very difficult to focus,鈥 Brann said. 鈥淎n individual is probably not going to be as productive.鈥
鈥淚t is really important that we encourage women to take care of themselves,鈥 Brann said. Otherwise, the grief won鈥檛 be processed and it can 鈥渃ause even greater mental anguish later on.鈥
More people are speaking out about the experience of miscarriage, including high-profile women like Michelle Obama, , and actress .
But many workers find it difficult to get time off from work. The federal Pregnancy Discrimination Act prohibits employers from treating workers who are pregnant, give birth, or have related medical conditions 鈥 including miscarriage 鈥 worse than comparable co-workers. Courts, however, have interpreted that law differently, even after a decided in favor of a plaintiff who claimed pregnancy discrimination. Judges have dismissed in the aftermath, according to a review by A Better Balance, a national legal nonprofit promoting workplace rights.
鈥 including Colorado 鈥 have enacted laws that require employers to offer workers accommodations related to pregnancy, which can include time off to recover from a miscarriage. But outside those states, workers are protected only by the pregnancy act or the Americans with Disabilities Act, if a miscarriage is severe enough to substantially limit a 鈥渓ife activity.鈥
Currently, , also including Colorado, have enacted laws requiring some employers to provide paid sick leave to workers for medical needs, such as for the physical and mental health impacts of miscarriage. They don鈥檛 require employees to say why they need the time off, other than perhaps producing a doctor鈥檚 note.
鈥淚t鈥檚 not putting the onus on the worker to have to reveal something that might be very personal and very sensitive,鈥 said , a senior policy counsel at A Better Balance.
have paid family leave programs, which can be used for more serious complications resulting from miscarriage. Elsewhere workers can take unpaid leave through the Family and Medical Leave Act if they qualify.
To fill the gaps, Sen. Tammy Duckworth (D-Ill.) and Rep. Ayanna Pressley (D-Mass.) that would ensure three days of paid leave for miscarriage and other fertility challenges. Democrats have also put forward to guarantee paid sick leave, and they鈥檝e included paid family leave in President Joe Biden鈥檚 social spending plan, although that provision is meeting stiff opposition from some lawmakers and the bill is languishing in Congress.
Makkar is living with the repercussions of her miscarriage. 鈥淚t鈥檚 all so traumatizing still,鈥 she said. She鈥檚 trying to find a new job, but the search is complicated. She鈥檚 鈥渢errified of getting myself in this situation again,鈥 she said, because she wants to have more children. 鈥淚 don鈥檛 want to be somewhere that that鈥檚 not going to be supported.鈥