Speight and Sampson bill would allow workers to take protected leave to grieve miscarriage, stillbirth, fertility treatment loss, or unsuccessful adoption
(TRENTON) – Legislation that would provide New Jersey workers with protected leave to grieve the loss of a child or pregnancy cleared the Assembly Labor Committee on Monday. Bill A2198, sponsored by Assemblywoman Shanique Speight and Assemblyman William Sampson, would expand the New Jersey Family Leave Act to allow employees to take family leave following the death of a child, miscarriage, stillbirth, or termination of a pregnancy for medical reasons. The bill would also cover leave following an unsuccessful adoption or fertility treatment, including procedures such as intrauterine insemination or assisted reproductive technology.
Under the legislation, employees could take up to 21 days of leave immediately following a qualifying loss when the circumstance would not otherwise qualify for other forms of leave, or up to seven days when the employee is otherwise eligible for disability or family leave benefits.
“Many families experience heartbreaking setbacks on the path to parenthood, whether through miscarriage, unsuccessful fertility treatments, or a planned adoption that does not come to fruition,” said Assemblywoman Speight (D-Essex, Union). “By recognizing these experiences in our leave policies, we acknowledge the emotional toll they take and ensure workers have the support they need during incredibly difficult moments.”
The legislation would also allow employees to access family temporary disability leave benefits to cover bereavement following qualifying losses. Employers would be able to request reasonable documentation to validate the leave, but the bill clarifies that they would not be required to request documentation when an employee seeks bereavement leave.
“Pregnancy loss and the loss of a child are deeply personal tragedies that deserve compassion and understanding in the workplace,” said Assemblyman Sampson (D-Hudson). “No one should have to worry about their job or their paycheck while grieving such a profound loss. This bill would ensure that families have the time and dignity they need to heal.”
Pregnancy loss and failed adoptions are far more common than many people realize, yet workers are often left without the time they need to process these deeply personal losses. Medical experts estimate that up to one in five known pregnancies ends in miscarriage, and many families experience emotional setbacks during fertility treatments or the adoption process. As more employers and states begin to recognize the need for compassionate bereavement policies, this legislation aims to ensure New Jersey workers have the space to grieve without fear of losing their job or income.