• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Benefits
  • Employment Law

Emerging trend: Bereavement leave covers reproductive losses

Carol Warner
By: Carol Warner
Read it on Beacon
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: June 22, 2022
3 minute engagement
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

A new twist on bereavement leave has been gaining steam – and companies in Illinois will soon be required to provide it under state law.

Gov. J.B. Pritzker recently signed the Family Bereavement Leave Act, which expands the definition of a “covered family member” under the Child Bereavement Leave Act.

Moreover, the amended legislation also requires companies to provide 10 days of unpaid leave for employees who experience a miscarriage, a stillbirth, an unsuccessful assisted reproductive procedure (e.g., intrauterine insemination), a failed surrogacy agreement, a failed or non-finalized adoption, or a diagnosis affecting fertility. The law stipulates that workers can use this time off to support a spouse or partner experiencing one of the listed losses.

The law goes into effect on Jan. 1, 2023.

Earlier this year, Utah Gov. Spencer Cox signed SB 63, known as the Bereavement Leave Act. The legislation — similar to the new Illinois law — provides three days of bereavement leave to city, county, and state employees after a miscarriage or stillbirth. Further, the time off is available to mothers and their spouses/partners. One significant difference: The Utah law provides paid time off.

Cities also support bereavement for such losses

Out-of-the-box ideas like this prompt lots of questions: Who came up with this idea? When did this first start? And what areas of the country are impacted?

  1. Last fall, the City of Pittsburgh announced that it became the first government in the U.S. to provide up to three days of paid bereavement leave for employees experiencing pregnancy loss. The city’s legislation recognizes that pregnancy loss can occur in several forms, including miscarriage, stillbirth, termination, failed in vitro fertilization procedures, or surrogacy loss.
  2. Three days later, the Boston City Council passed a similar ordinance expanding its parental leave policy to include up to 12 weeks of paid leave for employees who experience a pregnancy loss due to miscarriage or termination. Under the previous policy, a stillbirth was the only covered pregnancy-related loss.
  3. The following month, Iowa’s Waterloo City Council unanimously passed a resolution establishing a paid bereavement policy following a pregnancy loss due to miscarriage or stillbirth. The resolution ordered the city’s HR department to craft the policy as well as communicate to employees who suffer a qualifying loss and are eligible to take the time off to grieve.
  4. A few days later, the City of Portland amended its leave policies to provide three days of paid bereavement leave for employees who experience pregnancy loss, including miscarriages, stillbirths, and other losses, defined as ”any other loss of pregnancy including termination, irrespective of whether deemed medically necessary and loss incurred during fertility treatment.”

Companies adopt similar policies

Some companies have recently started offering compassionate leave policies that provide time for reproductive losses:

  • Last fall, Bumble, the global dating app company headquartered in Austin, Texas, announced it made several changes to its leave policy as part of its diversity initiative. Among other things, the company announced a compassionate leave policy that provides 15 days of paid leave following a miscarriage.
  • In January, Mintz, a law firm in Boston, announced its Compassionate Leave Policy, which provides 15 days of paid leave after a miscarriage and five days of paid leave after a failed surrogacy, adoption, or fertility treatment.

Pending legislation: More states put comparable bills on the table

Other states are considering similar legislation:

  1. In Kentucky, 21RS HB 284 would require employers to provide three days of paid bereavement leave to parents following a miscarriage or stillbirth in the third trimester. Updates on pending state legislation in Kentucky are posted on Twitter by automated tweets.
  2. In New York, AB5231-B would provide paid leave following “any pregnancy outcome,” including recovery from a stillbirth, a miscarriage, or an abortion. The proposed legislation remains active and is expected to take effect 90 days after it is signed into law. Click here to sign up for status alerts on the bill.

In addition, similar legislation was introduced in the U.S. Senate last year, but it has not advanced. If the current trend continues at the local level, that might reinvigorate discussions about a federal law requiring companies to provide bereavement leave for reproductive losses. We’ll keep you posted.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Benefits
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Leave of Absence Shouldn’t Take 8 Hours Per Case

White Papers

The Employer Growth Standard

Provided by Asure Software

Webinars

Master Pivot Tables with Excel Expert Jon Peltier

Provided by insightsoftware

White Papers

The Open Enrollment Communication Toolkit: Every Message, Ready to Send

SPONSORED CONTENT

HR Technology

Talent Management

sponsored content
AI Skills Gap: The 2026 Questions HR Leaders Are Asking, Answered

Courtesy of TRINET

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Further Reading

  • Benefits
  • Employment Law
New State Law: RI Leads on Menopause Accommodation in the Workplace

More women are speaking up about menopause challenges at work – and Rhode Island has become the first state to make menopause accommodati...

  • DEI
  • Employment Law
Minimizing legal risks while advancing key workforce initiatives: A delicate balance for HR

Keeping workers engaged and purpose-driven is an important part of HR’s job, but so is avoiding legal risks related to the Fair Labor...

  • Employment Law
Nursing Rights at Work: New Lawsuit Highlights Employer Risk

When it comes to nursing rights at work, a Pennsylvania court just sent a clear message: Mishandling accommodation requests for pumping bre...

  • Employment Law
Supreme Court backs worker in salary OT ruling

What does it mean to be paid on a salary basis – and why is that such an important question? The answer: because it is crucial to dete...

  • Employment Law
Successfully defend discrimination claims: 5 keys for employers

Anyone can sue for discrimination. But winning? That’s another thing. Here’s an example of how to properly defend a claim of unlawful r...

  • Employment Law
What does the new NLRB ruling on severance agreements mean for employers?

Building on a growing trend, a new NLRB ruling restricts the ability of employers to include confidentiality and non-disparagement clauses ...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.