Sep 22, 2024

US Rep. Ayanna Pressley and US Senator Tammy Duckworth Propose New Bill for Women Who Endure Miscarriages and More

by Diane Lilli | Aug 12, 2021
Rep. Ayanna Pressley, D-Mass., speaks as the House of Representatives Photo Source: Rep. Ayanna Pressley, D-Mass., speaks as the House of Representatives, file photo, Dec. 18, 2019. (House Television via AP)

In the US, about 10 percent of all pregnancies end in miscarriage. Simultaneously, millions of women experience heartbreak due to unsuccessful adoptions, surrogacy efforts or infertility treatments.

Last week, US Rep. Ayanna Pressley, a Massachusetts Democrat, introduced a new bill that speaks to the numerous painful and expensive realities that face women who endure miscarriages and other baby-related losses. Senator Tammy Duckworth, D-Ill., has introduced a companion bill in the upper chamber.

The Support Through Loss Act is focused on offering stronger support for all people negatively impacted by pregnancy loss. The Support Through Loss Act, as noted in its language, is a “first of its kind bill that aims to shed light on these shared experiences and help ensure that those experiencing the loss of a pregnancy are fully supported with access to resources, workforce supports, and patient-centered care.”

This legislation would fall under the Department of Health and Human Services, an agency that would work with the Centers for Disease Control and Prevention (CDC) and other agencies to educate the public about pregnancy loss, mental health support options and more.

The bill also requests an annual budget of $45 million for a major expansion into research about the impact of pregnancy loss that would be given to the National Institutes of Health.

Under the bill, all employers must provide anyone suffering from miscarriage with a minimum of three days of paid time off. In addition, the Support Through Loss Act would also provide the same paid time off for anyone experiencing a failed adoption or other failed fertility-assisted pregnancy procedures.

Included in the new bill is a direction to the CDC and Department of Health and Human Services to create “ways to access comprehensive mental health supports, necessary procedures and medications, and culturally responsive supports including pregnancy loss doula care.”

Currently, the Family and Medical Leave Act (FMLA) requires covered employers to offer eligible workers unpaid leave to care for themselves or an immediate family member after a miscarriage, which is considered a “serious health condition” under the FMLA.

In addition, under the Americans with Disabilities Act (ADA), a worker may have the right to a "reasonable accommodation” at work following a miscarriage. In order for a miscarriage to be considered a disability under the ADA, however, it must “substantially limit a major life activity.” Many miscarriages do not meet this criterion.

A third option available as of today for anyone suffering from a miscarriage is the Pregnancy Discrimination Act. This law states that an employer cannot treat you any worse than other employees just because you are pregnant or have a condition related to your pregnancy. It could be argued a miscarriage is a condition related to your pregnancy in a court of law.

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Diane Lilli
Diane Lilli
Diane Lilli is an award-winning Journalist, Editor, and Author with over 18 years of experience contributing to New Jersey news outlets, both in print and online. Notably, she played a pivotal role in launching the first daily digital newspaper, Jersey Tomato Press, in 2005. Her work has been featured in various newspapers, journals, magazines, and literary publications across the nation. Diane is the proud recipient of the Shirley Chisholm Journalism Award.