Human Resources Department

Reproductive Loss leave is unpaid leave that an employee may take following a Reproductive Loss Event.

Any employee who has been employed by the County for at least thirty (30) days is eligible for Reproductive Loss Leave following a Reproductive Loss Event.
A Reproductive Loss Event means:

•  a failed adoption (“Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.);
•  a failed surrogacy (“Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy.);
• a miscarriage (“Miscarriage” means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.);
• a stillbirth (“Stillbirth” means a stillbirth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.); or
• an unsuccessful assisted reproduction (“Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. “Assisted reproduction” means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation. “Assisted reproduction” does not include any pregnancy achieved through sexual intercourse. This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.)

The leave must be taken within three (3) months of the Reproductive Loss Event. The only exception to this rule is if at the time of the Reproductive Loss Event, the employee is on, or immediately chooses to go on, another legally protected leave of absence, such as CFRA, FMLA or Pregnancy Disability Leave. In such case the employee may utilize Reproductive Loss Leave pursuant to this policy starting on the date the other form of leave ends. For purposes of calculating the timelines set forth in this paragraph, the Reproductive Loss Event occurs on the day of the event or, for multiple-day events, on the final day of the event.

Five (5) days per Reproductive Loss Event. Employees are limited to a total of twenty (20) days of Reproductive Loss Leave within a twelve (12) month period. (Please note: Employees may be entitled to other forms of leave, depending on their individual circumstances)

The days do not have to be consecutive, but can only be used within three (3) months of the Reproductive Loss Event.

Reproductive Loss Leave is unpaid.

However, employees on Reproductive Loss Leave are entitled to use accrued paid leave such as vacation, compensatory time, accrued holiday hours or paid sick leave.

Procedures for Requesting and Approving Reproductive Loss Leave:

• When the requirement for leave is known to the employee in advance of the absence, the employee shall request authorization for Reproductive Loss leave at such time. In all other instances the employee shall notify their supervisor by simply stating that they are requesting to take Reproductive Loss Leave and the request should be made as promptly as possible. Employees shall provide notice in the manner set forth by their supervisor, manager or division/department policy or practice.
• Information provided by an employee in connection with a request for Reproductive Loss Leave shall be maintained in a confidential manner and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law.