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Know Your Rights: Abortion, Miscarriage, and Pregnancy Loss

Learn about your workplace rights.

It can be difficult to speak up for yourself at work, especially when it comes to abortion, miscarriage, and pregnancy loss. Knowing your legal rights and where to go for support can help. We have information for you, travel companions, and medical providers– ensuring your whole support system understands your legal protections.

Ready to dive into detailed information about your rights? Check out our Frequently Asked Questions.

Tenemos recursos en Español!

You have a right to:

It is your choice whether to tell your boss and coworkers about your abortion
or pregnancy loss. However, if you request time off, you may need to provide a note from a healthcare provider. Federal law requires most employers to keep health information confidential. See our detailed Frequently Asked Questions for tips on protecting your privacy.

Most employees have the right to take time off to travel to and attend health appointments for abortion and pregnancy loss, as well as time off afterwards for physical and mental recovery. One of these laws may help:

  1. Paid Sick Days: If you work in a state or locality that requires employers to provide paid sick days, you should be able to take a day or two off without saying the exact medical reason you need time off, and without providing a doctor’s note.
  2. Pregnant Workers Fairness Act: This law requires employers to provide “reasonable accommodations” to employees for pregnancy and related conditions like abortion and pregnancy loss. “Reasonable accommodations” include unpaid time off for medical care and recovery. If your employer asks you for a medical note, you can have your healthcare provider fill out our certification form, which should not reveal that you had an abortion. If your employer asks for more information, contact our free legal helpline.
  3. Americans with Disabilities Act: If your abortion is related to a disability (like cancer or depression), you may ask for time off for a medical appointment related to your disability, without saying you are pregnant. Your employer can ask for a medical note.

Most employees have the right to receive reasonable accommodations for abortion and pregnancy loss, such as more breaks or lifting restrictions.

In most circumstances, it is illegal for your employer to fire, harass, or penalize you because you had an abortion, miscarriage, or stillbirth. This applies in all states, including states that have abortion bans and restrictions.

View or print this information as a convenient 1-pager:
Need detailed information about your rights?
Resource for Students

Title IX protects students nationwide who are navigating pregnancy-related conditions– this includes students who have an abortion, experience a miscarriage, or other pregnancy loss. You are entitled to academic modifications, medically necessary time off, and non-discrimination. Visit our student resource page to learn more:

Recursos en Español

Aprenda sobre sus derechos legales en el trabajo relacionados con el aborto, aborto espontáneo o muerte fetal:

Information for Travel Companions

If you are caring for a loved one who is having an abortion or experiencing pregnancy loss, you may have a right to take time off work. This factsheet will help you protect your job.

Information for Medical Providers

Share our Abortion Provider Guide with your doctor so they can write a work note that protects your privacy.

Have questions?

Contact the Center for WorkLife Law’s free legal hotline to speak to a lawyer about your rights.  

Email [email protected] or call (415) 703-8276.

You have new rights as a pregnant, postpartum, or lactating worker! Learn more about the Pregnant Workers Fairness Act today.
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