Reproductive Loss Leave: Why Employers Should Expand Their Bereavement Policies
Why Reproductive Loss Leave Matters in Today’s Workplace
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n the U.S., bereavement leave isn’t federally mandated, but many employers voluntarily offer it. However, these policies often overlook reproductive loss—including miscarriage, stillbirth, and failed fertility treatments—despite the significant emotional and physical toll these events carry.
The Reality of Reproductive Loss
Reproductive loss is far more common than people think. According to the March of Dimes, 10–20% of known pregnancies end in miscarriage. The CDC reports about 21,000 stillbirths occur in the U.S. annually. Beyond these statistics are countless families experiencing the heartbreak of failed adoptions, surrogacies, and fertility treatments.
Yet, these types of losses are rarely acknowledged in standard workplace policies, leaving employees without adequate support during an incredibly vulnerable time.
The Rise of Reproductive Loss Leave
Employers are beginning to recognize the importance of reproductive loss leave as part of a more holistic approach to employee wellness and retention. Companies like Goldman Sachs and Pinterest have implemented generous policies—Goldman Sachs offers 20 days of paid leave for miscarriages or stillbirths, while Pinterest provides four weeks of paid leave for pregnancy loss.
As the demand for meaningful, inclusive benefits grows—especially among younger employees—reproductive loss leave is becoming a distinguishing factor for companies looking to attract and retain talent.
The Gap in Current Leave Policies
Traditional bereavement leave typically only covers the death of immediate family members, which excludes many experiencing reproductive loss. This gap can leave employees:
- Confused about what kind of leave they can take
- Worried about job security or lost wages
- Stressed during an already difficult time
Without dedicated leave, employees are often forced to use PTO, unpaid leave, or sick days, adding financial and emotional pressure during an already traumatic experience.
Legal Protections & Their Limitations
Current U.S. leave laws offer limited protection:
- FMLA (Family and Medical Leave Act) allows for up to 12 weeks of unpaid leave for serious health conditions, which may include complications from pregnancy loss. However, it applies only to employers with 50+ employees and doesn’t specifically cover bereavement.
- State Laws: States like Illinois and California offer unpaid reproductive loss leave, but many employees can’t afford to take time off without pay.
- Pregnant Workers Fairness Act: This federal law requires employers with 15+ employees to provide reasonable accommodations for pregnancy and related conditions, including recovery from loss.
Despite these protections, many employees are unaware of their rights. A survey found 77% of respondents didn’t know FMLA might apply after a miscarriage or stillbirth.
What Employers Can Do
To foster a supportive, inclusive workplace, employers should proactively address these gaps by expanding benefits and leave policies. Here’s how:
- Expand Bereavement Leave Policies
Incorporate reproductive loss into your existing bereavement policy. Key considerations include:
- Duration of leave: 47% of companies offering this benefit provide 4–5 days off, but many are expanding that.
- Inclusivity: Use broad, inclusive language that covers miscarriage, stillbirth, failed adoptions, surrogacies, and fertility treatments.
- Access and process: Allow employees to notify a manager or HR staff member of their choice. Most companies don’t require documentation, and abuse of the policy is rare.
- Flexibility: Grief isn’t linear. Consider allowing employees to take leave intermittently or when needed.
At law firm Mintz, partner Natalie Groot inspired change after experiencing two miscarriages in six months. The firm now offers 15 consecutive days of paid leave for miscarriage and five days for failed fertility-related efforts.
- Offer Short-Term Disability Benefits
Some employees may need more time to recover physically and emotionally. Offering short-term disability (STD) benefits can help bridge this gap, especially when state programs also provide paid medical leave.
- Build Flexibility into Work Arrangements
A gentle return to work can make all the difference. Consider:
- Flexible hours or reduced schedules
- Remote work during recovery
- Gradual “return-to-work” plans
- Temporary reassignment of duties to reduce pressure
These accommodations show empathy and foster long-term employee loyalty.
- Provide Mental Health Resources
If your organization offers an Employee Assistance Program (EAP), promote it regularly. EAPs typically include:
- Access to counseling and therapy
- Support groups for grief and mental health
- Services for employees’ immediate family members
For companies without an EAP, consider introducing one or partnering with third-party mental health providers.
Why It Matters: The Business Case
Offering reproductive loss leave is not just the compassionate choice—it’s smart business. Supporting employees through life’s toughest moments leads to:
- Higher morale and engagement
- Improved employee retention
- A stronger, more inclusive workplace culture
Employees increasingly seek out employers that prioritize mental health and work-life balance. According to MetLife, satisfaction with employee benefits hit a 10-year low in 2023, dropping to 61%—a clear signal that current offerings aren’t meeting today’s expectations.
Final Thoughts
Reproductive loss is deeply personal, often invisible, and too frequently unsupported. But with thoughtful policies and a commitment to empathy, employers can help ease the burden of grief and show that they truly care.
Updating bereavement leave to include reproductive loss is a small step that makes a big impact—for your employees, their families, and your workplace culture.
About BlueLion LLC
Founded in 2018 by co-founders Alison Milioto and Toni Runci, BlueLion LLC is driven by the belief that small businesses are the foundation of a strong community and a robust economy. With this guiding principle, they established BlueLion LLC to offer small businesses the same high-quality HR services that large corporations enjoy, fostering growth and creating opportunities for success. Fast forward to 2024, BlueLion LLC has grown into a thriving team of 15+ dedicated professionals, all committed to supporting the unique needs of small businesses and ensuring their compliance and prosperity.
