Leave after Child Loss

For newly bereaved parents

What you need to know about securing a leave of absence from work.

Many of us have heard of a bereavement leave, as it's provided by many employers. Such leaves are typically very short, ranging from a minimum of 3 days, and potentially up to 2 weeks. The truth is, when navigating through the loss of a child, this is far from enough time. It is important to know that you may have other options. There are other types of leave that can secure more time away from work, and may even provide monetary compensation. Here are a few fundamentals you need to know.

FMLA

What is FMLA? The Family and Medical Leave Act of 1993 (FMLA) is a law requiring covered employers in the United States to provide employees with up to 12 weeks of job-protected, unpaid leave. Although this entitlement is unpaid, while you are on an FMLA leave, your employer must continue your health insurance coverage as if you were not on leave.

Your employer also must hold your job, or offer you a position nearly identical to it, with equivalent pay and benefits upon your return. While under the protections of FMLA, your employment cannot be terminated for taking a leave of absence, or for any reasons related to your leave of absence.

It is important to note that FMLA is essentially a medical leave. It can be used for your own medical reason, or to care for a family member with a medical condition. Therefore, you will need to provide medical certification from a licensed healthcare provider. If you just experienced the loss of your child, talk to your doctor about taking a leave of absence from work. To qualify for FMLA, you most likely will need at least two dates of treatment with your doctor or healthcare provider.

If you lost your child during infancy and delivered your baby, your OBGYN can complete the medical certification for you. Any birthing parent will be entitled to at least 6 weeks of FMLA for their postpartum recovery, provided they are eligible for FMLA. If you need to secure more time away from work, it is recommended that you seek care with other licensed healthcare professionals. Some examples include your primary care provider, a psychiatrist, a psychologist, or a licensed therapist or counselor. The non-birthing parent may also secure a leave of absence from work if they are FMLA eligible, and seek treatment with a licensed healthcare professional, such as those listed above. Keep in mind, you will most likely need at least 2 or more dates of treatment.

While you may not think about treating with a doctor during your grief, remember that it is important for you to do so, in order to qualify for FMLA.

Additionally, to qualify for FMLA, you must have at least 12 months of service with your covered employer. This may be a cumulative total of 12 months, dating back over the last 7 years. You must also have worked at least 1250 hours within the 12 month period prior to the start date of your leave. To find out if you qualify for FMLA, talk to your employer and your HR department. If you do qualify, be sure to talk to your doctor or healthcare provider about your upcoming leave of absence from work. For more information, you can visit The US Department of Labor Wage and Hour Division website at www.dol.gov/whd or call 1-866-4-USWAGE.

Pros:

Job protection
Allows for up to 12 weeks of time away from work
Continuation of health insurance benefits through your employer
You are still considered an active employee
Your employment cannot be terminated for any reasons related to your FMLA leave

Considerations:

Unpaid leave
You must be treating with a healthcare provider
You need at least 12 months of service and 1250 hours worked with your covered employer
Not all employers are covered

Short Term Disability

Through Short Term Disability insurance, you may be eligible to receive compensation while out of work. Many employers offer Short Term Disability insurance benefits. These benefits apply to covered employees who are temporarily unable to perform the material duties of their job, due to their own mental or physical illness or injury. Short Term Disability plans will provide a percentage of wage replacement while you are unable to work. The percentage will vary based on the terms of your employer’s plan. Some plans may offer 100% of wage replacement, for at least a specified period of time; while other plans may offer 75%, 66 ⅔ %, 60%, etc.

It is important to talk to your employer and your HR department to find out if they offer a Short Term Disability Plan, what the requirements are, and if you are eligible for benefits. If you are eligible, you will need to find out which company administers the benefits, and you will need to file a claim with the plan administrator.

While grieving a loss, in and of itself, is not considered a disabling medical condition, there are some medical conditions that may go hand in hand with your grief journey, or result from such grief. Some examples include, but are not limited to, depression, anxiety, insomnia or issues sleeping, or lack of ability to function globally. As disability benefits are available to those who are considered medically unable to work, medical certification and in most cases, supporting medical documentation, may be required (such as clinical notes, medical records, dates of treatment, and treatment plan). It is recommended that you tell your healthcare provider that you are applying for Short Term Disability, to ensure they can be prepared to share clinical notes for the purposes of medical certification.

With Short Term Disability, there will be maximum benefit duration. Some plans may provide up to 12 weeks of coverage, while others may provide up to 26 weeks. However, your disability claim will only be approved for the duration that the medical supports. For example, you may have requested 12 weeks off from work. The medical documentation indicates that you stopped seeing or treating with any healthcare provider(s) after 4 weeks. In this scenario, your disability claim most likely would have only been approved for 4 weeks.

It is common that Short Term Disability claims are initially approved for a specified period of time (i.e. 4 weeks, 6 weeks, etc.). After the initial approval period, typically, up to date supporting medical documentation will then be requested in order to further assess. Therefore, it is important to remain under the regular care of a licensed healthcare provider. You can treat with multiple providers. Some examples include a primary care provider, a psychiatrist, a psychologist, or a licensed therapist or counselor. You will most likely need to remain under their care for the duration of your leave.

Short Term Disability does not provide job protection; however, you may be eligible for both benefits, FMLA and Short Term Disability, at the same time.

If that is the case, the two leaves will run concurrently together for the same dates. The FMLA will provide job protection, and the Short Term Disability will provide monetary compensation. To find out more about if your employer offers Short Term Disability insurance, talk to your HR department. If you confirm you are eligible for disability benefits, be sure to file a claim as soon as possible, and speak with your doctor about your need for time away from work.

Although treating with a doctor may not have been something you initially thought to prioritize, or may not seem like something you need to do at this time, it is essential in qualifying for disability benefits. It may also prove to be beneficial to you, and navigating your grief journey.

Pros:

Monetary compensation while out of work
Most plans have a maximum duration of 12 -26 weeks
Available to those who are temporarily unable to work for medical reasons
Treatment with a healthcare provider can benefit you

Considerations:

No built in job protection
Must be treating with a healthcare provider for the full duration of leave
Supporting medical documentation (such as clinical notes and medical records) may be required
The plan administrator determines if your Short Term Disability can be approved based on the medical documentation & the terms of the plan
Your claim may not get approved for the full duration of time requested
Not every employer offers Short Term Disability insurance

Statutory States

If your employer does not offer a Short Term Disability Plan, you may still have other options to receive paid time off from work. Several States provide temporary disability benefits, including New York, New Jersey, Rhode Island, Hawaii, California, and Puerto Rico. It is important to note that your eligibility for these benefits is determined by the State in which you work, not the State in which you live.

However there may be exceptions, especially if contributions for the State benefits are being applied as a part of your employer’s payroll deductions. The medical requirements are typically far less strict than those of an employer offered Short Term Disability Plan.

Several other States offer Paid Family and Medical Leave benefits. These states currently include Massachusetts, District of Columbia, Connecticut, Washington, and New Hampshire. The State of Oregon will be rolling out a Paid Family and Medical Leave benefit beginning in September 2023. Colorado will be rolling out a Paid Family and Medical Leave benefit in January of 2024; and Maryland will be rolling out a Paid Family and Medical Leave benefit starting in January of 2025. For more information on statutory benefits, links to each of the State websites have been included below.

Life after the loss of a child is tremendously challenging to navigate.

Some days, even the most mundane tasks, like eating, getting dressed, bathing, or getting out of bed, may pose as the gravest challenges. Just the thought of going back to work alone may bring on overwhelming feelings of anxiety. Our RAISE family cares about you, and your well being. We want you to know of your options for securing some much needed time away from work. Our hope is that providing you with the above information and tools will support you in protecting your job and receiving compensation as you start your grief journey.

State Disability & Paid Leave Websites:

New York

http://www.wcb.ny.gov/content/main/DisabilityBenefits/employee-disability-benefits.jsp#benefits

New Jersey

https://nj.gov/labor/myleavebenefits/labor/myleavebenefits/worker/tdi/

Rhode Island

https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance

Hawaii

https://labor.hawaii.gov/dcd/home/about-tdi/

California

https://edd.ca.gov/Disability

Puerto Rico