248City Of Anaheim Administrative Regulation
CHAPTER 2 — EMPLOYMENT PROCEDURES
Subject: Reproductive Loss Leave A.R.: 248
Issue Date: January 15, 2024
Revised:
Page: 1 of 3
Purpose:
The purpose of this regulation is to establish a policy and procedure to support the provision of
unpaid leave of absence following a reproductive loss event as required by Section 12945.6 of
the California Government Code, effective January 1, 2024; and further, to ensure that a
qualified employee shall not be denied a request to take leave following a reproductive loss
event or retaliated against for requesting such leave.
Policy:
This policy provides protected leave of absence for qualifying employees following a
reproductive loss event as defined herein or under applicable law. A qualified employee may
use appropriate accrued leave balances or unpaid leave for such leave of absence. In the event
the reproductive loss is associated with a qualifying event covered by separate bereavement
leave policies or Memorandum of Understanding provisions, an employee may be eligible for
reproductive leave in addition to bereavement leave.
Any full-time or part-time employee who has worked for the City of Anaheim for at least thirty
(30) calendar days before the commencement of leave and experienced reproductive loss is
eligible for leave under this Administrative Regulation. This Administrative Regulation applies
to employees who would have been a legally recognized parent to a child but for the
reproductive loss event.
A reproductive loss event shall be defined as the following:
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.
■ Miscarriage: When a pregnancy ends for a person or a person's spouse, domestic partner, or
another individual whose pregnancy would have resulted in that person becoming a legally
recognized parent of a child born of the pregnancy. This includes miscarriage suffered by a
City of Anaheim Administrative Regulation 248
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surrogate after an initially successful embryo transfer would qualify as a reproductive loss
event for the intended parent(s).
■ Stillbirth: An intrauterine fetal death and subsequent delivery.
■ Assisted Reproduction Loss: An unsuccessful round of intrauterine insemination or an
assisted reproductive technology procedure.
Reproductive loss leave provides eligible employees up to five (5) work shifts of protected,
unpaid leave following the day of the reproductive loss event or the final day of a reproductive
loss event for a multiple -day event. The leave need not be taken immediately following the
reproductive loss event but must be taken within three (3) months of the event. If an employee
experiences more than one reproductive loss event within a rolling 12-month period, the
employee is only entitled to a total of twenty (20) days of leave within the rolling 12-month
period.
Eligible employees may use available sick, vacation, or other paid leave hours during an
authorized leave. If an employee has no paid leave available, the employee may take leave
without pay.
A qualified employee shall not be denied a request to take leave following a reproductive loss
event or retaliated against for requesting such leave.
Administrative Procedure:
The employee must use the reproductive loss leave pay code on the employee's timecard when
entering hours for days on authorized leave.
Responsibility:
An eligible employee exercising their right to use reproductive loss leave must notify their
supervisor as soon as practicable. The City may request an employee to provide documentation
to support the request for reproductive loss leave.
An employee who has experienced a reproductive loss is entitled to confidentiality. The City
entrusts its supervisors, managers, and executive team members to ensure these events are
handled professionally and respectfully.
A qualified employee shall not be denied a request to take leave following a reproductive loss
event or retaliated against for requesting such leave. Employees who believe they were denied
a request for leave or think they have been subject to discrimination, harassment, or retaliation
shall have the right to file a complaint with the Human Resources Department.
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Any updates to the federal or state laws concerning reproductive loss leave shall take precedence
over this Administrative Regulation.