Reproductive Loss Leave Policy (CA)

Overview

Reproductive Loss Leave (RLL), in accordance with Senate Bill 848, provides eligible employees with up to five (5) days of unpaid, protected leave for a reproductive loss. RLL is separate from other leaves offered to employees for their serious illness or to care for a family member with a serious illness.

RLL means leave taken pursuant to this policy following a reproductive loss event. A reproductive loss event means the day or, for a multiple day event:

failed adoption (meaning 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, where the employee would have been a parent of the adoptee if the adoption had been completed);
failed surrogacy, meaning the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate, where the employee would have been a parent of a child born as a result of the surrogacy;
miscarriage by the employee, the employee’s current spouse or domestic partner, or another individual where the employee would have been a parent of a child born as a result of the pregnancy;
stillbirth resulting from the pregnancy of the employee, the employee’s current spouse or domestic partner, or another individual where the employee would have been a parent of a child born as a result of the pregnancy;
unsuccessful assisted reproduction, which is defined as an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure for the employee, the employee’s current spouse or domestic partner, or another individual where the employee would have been a parent of a child born as a result of the pregnancy.

The described reproductive loss events apply to the person experiencing the reproductive loss, or the person’s current spouse, registered domestic partner, or other individual if that person would have been the parent of the child born as a result of the pregnancy. For the purpose of this policy, all terms shall have the same definitions as those set forth in California Government Code Section 12945.6.

Eligibility

To be eligible for RLL, an employee must have been employed by the University for at least 30 days prior to the start of the leave.

Terms of the Leave

An employee may take up to five days of RLL following a reproductive loss event.
If an employee experiences more than one reproductive loss event within a 12-month period, the employee may take up to 20 days of reproductive loss leave (up to 5 days for each reproductive loss event) within a 12-month period.
RLL may be taken on consecutive or nonconsecutive days.
In general, an employee must complete the RLL within three months of the reproductive loss event. However, if an employee is on or chooses to take a leave of absence under another leave entitlement under applicable federal or state law (e.g. the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Leave law), then the RLL must be completed within three months of the conclusion of the other leave.
RLL is unpaid, but an employee requesting RLL may use accrued vacation, personal leave, sick leave, or other paid leave that is otherwise available to the employee.
An employee’s right to RLL shall be a separate and distinct right from any other leave entitlements available under University policy or applicable law.

No Retaliation

The University prohibits retaliation against any individual because of the individual’s exercise of the right to RLL, or because an individual gives information or testimony as to their own RLL, or another person’s reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under this policy.

Confidentiality

The University will maintain the confidentiality of any employee requesting leave under this policy and any information provided by the employee in connection with a request for leave. Any such information will be disclosed only with personnel or counsel as necessary or as required by law.

To request leave under this policy, or for more information, please contact Wharton Human Resources and People Operations.