UC is committed to supporting faculty and staff — and that includes enhancing benefits, programs and policies designed to help employees balance their work and personal lives. Beginning January 1, 2024, UC’s and Berkeley Lab’s leave options have expanded to provide eligible employees with up to five days of protected leave following a reproductive loss. This change aligns with California legislation that became effective January 1, 2024.
Beginning January 1, an eligible employee may take up to five days of Reproductive Loss Leave following a reproductive loss by the employee, by the employee’s current spouse or domestic partner, or by another individual if the employee would have been a parent of a child had the reproductive loss not occurred. “Reproductive loss” means a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
Employees who would like to request Reproductive Loss Leave should contact the Integrated Disability and Absence Management (IDAM) office at idam@lbl.gov. An update to the Human Resources RPM is forthcoming.
See below for answers to frequently asked questions about eligibility and rules regarding this new form of leave.
Who is eligible for UC’s Reproductive Loss Leave?
To be eligible for Reproductive Loss Leave, an employee must have been employed by Berkeley Lab and/or another University of California location for at least 30 calendar days prior to the start of the leave.
How long after a reproductive loss can an employee take leave?
In general, an eligible employee must complete the Reproductive Loss Leave within three months of the reproductive loss. But if the employee is taking leave under any state or federal leave entitlement (such as the Family and Medical Leave Act, the California Family Rights Act, and/or California’s Pregnancy Disability Leave Law), prior to or immediately following the reproductive loss, then the employee must complete the Reproductive Loss Leave within three months of the end date of the other leave.
Can an employee who experienced a reproductive loss before January 1, 2024, take this leave?
An eligible employee who experienced a reproductive loss toward the end of 2023 may be eligible to use this leave in 2024, if the employee completes the leave within the three-month window described above. For example, an eligible employee who experienced a reproductive loss (or ended a leave as described above) on October 5, 2023, may take Reproductive Loss Leave from January 1-5, 2024. An eligible employee who experienced a reproductive loss (or ended a leave as described above) on October 1, 2023, may take one day of Reproductive Loss Leave, on January 1, 2024.
What are the rules regarding how many times an employee can take reproductive loss leave?
If an eligible employee experiences more than one reproductive loss, the employee may take up to a total of 20 days of Reproductive Loss Leave within a calendar year (up to 5 days for each reproductive loss). Reproductive Loss Leave may be taken on consecutive or nonconsecutive days.
Is Reproductive Loss Leave paid or unpaid?
Reproductive Loss Leave is unpaid, but employees may elect to use certain paid leave options to remain on pay status during this leave (depending on the policy or collective bargaining agreement that applies to the employee).
Is Reproductive Loss Leave confidential?
Berkeley Lab will maintain the confidentiality of any employee requesting Reproductive Loss Leave and will not disclose such information except to internal personnel or counsel as necessary or as required by law.