Pregnancy and Infant Loss Awareness Month: Support and Leave
Trigger Warning: This post discusses pregnancy loss, miscarriage, stillbirth, and infant death. Please read with care.
Every October in the United States, we observe Pregnancy and Infant Loss Awareness Month. Proclaimed by President Ronald Reagan in 1988, October is set aside to honor and remember the precious babies and to bring visibility to a grief many carry in silence. And on October 15, Infant Loss Remembrance Day, the International Wave of Light, families and communities come together to raise awareness, remember infant death, miscarriage, and stillbirth, and support family members facing unimaginable loss.
Miscarriage vs Stillbirth: What’s the Difference?
To understand loss and the rights connected to it, it's important to know how medical definitions distinguish between miscarriage and stillbirth:
A miscarriage is typically defined in the U.S. as a pregnancy loss that occurs before the 20th week of gestation.
A stillbirth is generally a fetal death that occurs at or after 20 weeks of pregnancy, but before or during delivery.
Stillbirths are further classified into early stillbirth (20-27 weeks), late stillbirth (28-36 weeks), and term stillbirth (37 weeks or later).
Why These Definitions Matter
These distinctions are more than medical; they often affect legal protections, workplace policies, and social recognition. Whether a loss is categorized as a miscarriage or a stillbirth can influence access to leave, insurance, bereavement benefits, and how family members and employers respond.
California’s New Leave Law: Reproductive Loss Leave (SB 848)
California has recently become a leader in recognizing loss of pregnancy through its new law, Senate Bill 848 (SB 848):
Effective January 1, 2024, the law requires private employers with five or more employees and all public employers to provide up to five days of protected leave following a reproductive loss event.
A reproductive loss event under this law includes miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction.
Eligible employees must have worked for the employer at least 30 days.
The leave must be used within three months of the event.
If an employee experiences more than one reproductive loss event in a 12-month period, the total leave time under this law is capped at 20 days per year.
The law protects employees from termination, discrimination, and retaliation for taking this leave.
Other U.S. Support, Leave & Programs
While California is now explicitly covering reproductive loss leave, there are other programs available in the U.S.:
Bereavement leave policies: Some employers provide compassionate or bereavement leave to allow parents to grieve after a loss. Coverage of miscarriage or stillbirth in those policies often depends on how “child,” “birth,” or “loss” are defined in employer or state policy.
Short-term disability insurance: Depending on the state and medical documentation (especially if there are medical complications or physical recovery), disability insurance may provide wage replacement.
Family & Medical Leave Act (FMLA) and state analogs (like California Family Rights Act, CFRA): If loss results in serious health conditions (physical or mental, including postpartum depression or similar conditions), these laws may apply.
Mental health / grief counseling / loss support groups: Many nonprofit and hospital systems offer free or low-cost counseling and support for families experiencing infant loss, miscarriage, or stillbirth.
What You Can Do If You Need Help
If you have gone through a pregnancy or infant loss, or are advocating for someone who has, here’s what to consider:
Talk with your HR department about bereavement leave, reproductive loss leave, pregnancy disability, and any disability insurance your employer offers. Ask whether policies cover miscarriage, stillbirth, or infant death.
Seek medical support, including mental health care (counseling, therapy) especially if experiencing depression, anxiety, or postpartum depression after loss.
Know your legal rights: Get information specific to your state. California’s SB 848 is an example of state law explicitly recognizing this need. Some other states may be in process or have partial protections.
Connect with community or peer support: Loss support groups, both in-person and online, can offer solace and share experiences.
Reach out to Hello, Bundle: We’ll help you understand your parental leave rights, explore available programs, and create a clear plan so you can focus on healing without the added stress of navigating benefits alone. Learn more here.
Honoring Families, Supporting Change
This Pregnancy and Infant Loss Awareness Month, we remember the precious babies, stand with grieving parents and family members, give names and visibility to losses that are often hidden, and work toward systems that affirm that stillbirth is still birth, that miscarriage is real loss, and that infant loss deserves compassion, grief, and recognition.
If you are unsure of your rights, need help navigating workplace policy or legal protections after a loss, Hello Bundle is here to help. Contact us to understand your parental rights, talk through loss support, and ensure you are treated with dignity and compassion.
