Maternity Leave After Stillbirth: Your Rights in the US, UK, Canada, and Australia

United States: FMLA and State-Level Protections

The Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave for eligible employees. Although FMLA does not include bereavement leave, a stillbirth qualifies as a "serious health condition" — which means the birthing parent can take FMLA leave for physical recovery and any postpartum mental health conditions like clinical anxiety or depression.

The critical detail: you need medical certification from your provider. The certification must document the stillbirth as a medical event requiring recovery time. Without it, your employer is not obligated to approve the leave under FMLA.

Bonding leave — the separate FMLA category for caring for a newborn — is typically denied after a stillbirth because bonding leave requires a living child. This is one of the most painful administrative realities families face.

Some states have enacted specific protections. California's Reproductive Loss Leave provides up to 5 days of job-protected leave after a stillbirth. State protections vary, so check your state labor department's website for current provisions.

Non-birthing partners can take FMLA leave if their spouse's medical condition requires their care — but this is employer-dependent and requires separate medical documentation.

United Kingdom: Full Statutory Rights After 24 Weeks

If a stillbirth occurs at or after 24 completed weeks of pregnancy, the birthing parent is entitled to up to 52 weeks of Statutory Maternity Leave with Statutory Maternity Pay for the first 39 weeks. This is identical to the entitlement for a live birth.

The partner is entitled to up to 2 weeks of Statutory Paternity Leave and Pay.

Both parents are additionally entitled to 2 weeks of Parental Bereavement Leave under Jack's Law — taken as a single block or two separate weeks, any time within 56 weeks of the baby's death. This is paid at the statutory rate.

For losses before 24 weeks, no statutory maternity or bereavement leave applies. However, any absence related to the loss is classified as "pregnancy-related sickness" under the Equality Act 2010, which protects the employee from workplace discrimination based on that absence.

Canada: EI Maternity Benefits and Provincial Leave

Birth parents of stillborn infants (defined as a loss at 20 weeks' gestation or later) qualify for 15 weeks of Employment Insurance maternity benefits. This starts from the week of the stillbirth.

Parental leave benefits — the separate EI category for bonding with a living child — stop immediately the week following the loss. If you are unable to return to work after the 15-week maternity benefit period, apply for EI sickness benefits, which provide up to 15 additional weeks with a medical certificate from your provider.

At the provincial level, minimum bereavement leave ranges from 1 to 5 unpaid days depending on your province. Under federal labour standards, federally regulated employees are entitled to up to 8 weeks of unpaid leave for a stillbirth.

Australia: Parental Leave Cannot Be Cancelled

Under the Fair Work Act, employees who experience a stillbirth at 20 or more weeks of gestation are entitled to up to 12 months of unpaid parental leave, extendable to 24 months with employer agreement. Your employer is legally prohibited from cancelling or reducing parental leave that was already approved before the stillbirth occurred.

Additionally, you are entitled to 2 days of compassionate leave per occasion. If the pregnancy ended after 12 weeks but does not meet the stillbirth threshold, special parental leave applies under a separate provision.

How to Notify Your Employer

Keep your written notification focused on the date of the stillbirth, the leave you are requesting, and the expected duration if known. Notice rules and medical-certification requirements vary by jurisdiction and leave type; follow the requirements that apply to you.

If you are not ready to write the notification yourself, ask a partner, family member, or friend to help prepare or send it. Follow your jurisdiction's notice requirements and your employer's process.

The After a Stillbirth guide includes an employer notification template and an HR advocacy script that walks through the conversation, including how to handle a manager who pushes back on the length of your leave or requests medical detail you are unsure you need to provide.