RPM | REQUIREMENTS AND POLICIES MANUAL

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    Title:

    Bereavement Leave and Reproductive Loss Leave

    Publication date:

    1/22/2024

    Effective date:

    1/1/2024

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory (Berkeley Lab) recognizes the importance of family and the difficulties an employee faces following the death of a family member or another person close to the employee, or following a reproductive loss event. Berkeley Lab provides time off for these purposes.

    Who Should Read This Policy

    This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, employees may contact their division's Human Resources Field team or the Integrated Disability and Absence Management (IDAM) office at [email protected].

    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    Title:

    Bereavement Leave and Reproductive Loss Leave

    Publication date:

    1/22/2024

    Effective date:

    1/1/2024 

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) recognizes the importance of family and the difficulties an employee faces following the death of a family member or another person close to the employee, or following a reproductive loss event. Berkeley Lab provides time off for these purposes.

    B. Persons Affected

    This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

    D. Policy Statement

    1. Bereavement Leave
      1. Eligibility for Bereavement Leave
        1. Employees eligible to accrue sick leave may use a portion of their accrued sick leave for paid Bereavement Leave, in accordance with the Sick Leave policy.
        2. Employees not eligible to accrue sick leave may request an unpaid personal leave of absence for bereavement purposes.
      2. Use of Bereavement Leave
        1. Death of a Family or Household Member. In the event of the death of an employee's family member or of a person residing in the employee's home, the employee may take up to 10 days of accrued sick leave per incident.
        2. Death of Any Other Person. In the event of the death of an individual who is not an employee's family or household member, the employee may take up to five days of accrued sick leave in a calendar year.
      3. Additional Leave. If an employee requires more than the time allowed for Bereavement Leave, the employee may request an unpaid personal leave of absence or may use any accrued vacation leave.
    2. Reproductive Loss Leave
      1. General. 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.
      2. Eligibility for 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 commencement of the leave.
      3. Use of Reproductive Loss Leave
        1. An employee must complete the Reproductive Loss Leave within three months of the reproductive loss, but if the employee is on a Family and Medical Leave (or any other leave entitlement under state or federal 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.
        2. 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 five days for each reproductive loss). Reproductive Loss Leave may be taken on consecutive or nonconsecutive days.
        3. Reproductive Loss Leave is unpaid, but employees may elect to substitute accrued sick and/or vacation leave in lieu of leave without pay.
      4. Confidentiality. 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.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief Human Resources Officer

    Has the functional responsibility for this policy.

    Employees

    Must adhere to the provisions of this policy, including requesting Bereavement Leave and/or Reproductive Loss Leave in advance, when foreseeable.

    HR Division

    Must advise management and employees on how to comply with this policy.

    Integrated Disability and Absence Management

    Has the implementation responsibility for Reproductive Loss Leave, including authorizing and tracking usage.

    LETS Timekeepers

    Must follow procedures in support of this policy.

    Manager and Supervisor

    Must adhere to the provisions of this policy, including approving requests for this type of leave in accordance with policy.

    Payroll

    Must develop procedures in support of this policy.

    F. Definitions/Acronyms

    Term

    Definition

    Domestic Partner

    The individual designated as an employee's domestic partner under one of the following methods:

    • Registration of the partnership with the state of California.
    • Establishment of a same-sex legal union, other than marriage, formed in another jurisdiction that is substantially equivalent to a state of California-registered domestic partnership.
    • Filing of a Declaration of Domestic Partnership form with the University of California.

    If an individual has not been designated as an employee's domestic partner by any of the above methods, the following criteria are applicable in defining domestic partner:

    • The individual is the employee's sole domestic partner in a long-term, committed relationship with the intention to remain so indefinitely; and
    • Neither individual is legally married to someone else or a partner in another domestic partnership; and
    • The individuals are not related by blood to a degree of closeness that would prohibit legal marriage in the state of California; and
    • Each individual is 18 years of age or older and capable of consenting to the relationship; and
    • The individuals share a common residence and are financially interdependent.
    Failed Adoption 

    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.
    Failed Surrogacy

    The dissolution or breach of a surrogacy agreement or a failed embryo transfer to the surrogate.
    Family Member

    Except for purposes of Family and Medical Leave, an employee's spouse, domestic partner, children (including children of the employee's domestic partner), parents, siblings, grandparents, and grandchildren. Step-relatives, in-laws, and relatives by adoption are included on the same basis as the above-listed blood relatives. If an employee was raised by persons other than their biological parents, these individuals also are included in this category. Likewise, if an employee is raising a child who is not their biological child, that child is included in this category.
    Reproductive Loss

    A failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
    Unsuccessful Assisted Adoption

    An unsuccessful round of artificial insemination or of an assisted reproductive technology procedure, which includes embryo transfer and gamete and embryo donation. It does not include unsuccessful reproduction via sexual intercourse.

    G. Recordkeeping Requirements

    Role

    Responsibility

    Integrated Disability and Absence Management

    Records related to leaves covered by this policy will be kept confidential and separate from other personnel records.

    Office of the Chief Financial Officer (OCFO)

    Must maintain a complete and accurate record of sick leave accrued and used by eligible employees, including each employee's current available sick leave balance and accrual rate. Maintains a complete and accurate record of bereavement-leave usage by eligible employees.
    Non-exempt employees. Berkeley Lab will record leave used by non-exempt employees to the nearest quarter hour.
    Exempt employees. Berkeley Lab will record leave used by employees in half-day increments or in increments of not less than that portion of the day during which an employee on less than full-time pay status is normally scheduled to work.

    H. Implementing Documents

    Audience Document Number Document Title Type
    Berkeley Lab Staff 02.07.004.001

    Reproductive Loss Leave Request Form

    		 Form

    I. Contact Information

    For more information, employees may contact their division's Human Resources Field team or the Integrated Disability and Absence Management (IDAM) office at [email protected].
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    2/7/2012

    1

    M. Bello

    Reformatted for wiki-RPM. Revised policy: bereavement leave may be paid or unpaid and is available to all employees, increased usage of bereavement leave from 5 to up to 10 days for each family member.

    All

    Major + 30 Days

    3/12/2020

    1.1

    W. Crosson

    Updated links to LBNL and UC policies. Updated to clarify eligible employee classifications.

    All

    Editorial

    4/2/2021

    2

    W. Crosson
    • Revised to align with UC policy, including removal of section on submittal of evidence for bereavement leave
    • Removed text related to the Sick Leave policy and added link instead
    • Removed definition for Child and added definition for Family Member
    • Removed outdated documents in Implementing Documents section

    All

    Minor

    1/22/2024

    3

    W. Crosson
    • In compliance with California Government Code section 12945.6, effective January 1, 2024, added section on Reproductive Loss Leave, related definitions, a link to a request form, and updated roles and responsibilities and recordkeeping requirements
    • Policy title changed from “Bereavement Leave” to “Bereavement Leave and Reproductive Loss Leave”

    D.2, E, F, G, H

    Major

    DOCUMENT INFORMATION

    Title:

    Bereavement Leave and Reproductive Loss Leave

    Document number

    02.07.004.000

    Revision number

    3

    Publication date:

    1/22/24

    Effective date:

    1/1/2024

    Next review date:

    12/31/2028 

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.09(D)(6)

    Functional Division

    Human Resources

    Prior reference information (optional)

    N/A

    Source Requirements Documents

    • DOE Contract DE-AC02-05CH11231, Sec. J, App. A, Advance Understandings on Human Resources
    • University of California Personnel Policies for Staff Members (PPSM) 2.21, Absence from Work
    • Reproductive Loss Leave – California Government Code 12945.6

    Implementing Documents

    Audience Document Number Document Title Type
    Berkeley Lab Staff

    02.07.004.001

    Reproductive Loss Leave Request Form

    		 Form



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