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Bereavement Leave Pennsylvania

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  • Bereavement Leave Pennsylvania

    Aside from a moral discussion, what are the legal parameters, if any, for covering bereavement leave in the event of a miscarriage?

  • #2
    The law does not address bereavement leave at all. It is entirely up to the employer whether to allow it, for what family members, for how long, and whether or not to include miscarriages under it.

    That applies in all 50 states.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      On those occasions when I've had an employee experience a miscarriage, the employee has needed to be on medical leave to recuperate so bereavement leave has not been an issue. As cbg said, there are no laws that require an employer to provide bereavement/funeral leave.

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      • #4
        No laws that address it, just a good policy for a company to have. Especially in the case of a miscarriage!
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          Canada has bereavement leave laws, and they specifically exclude miscarriages - the person who died must have been born prior to dying before his/her relatives qualify for bereavement leave. This is probably because 97% of pregnancies result in miscarriages* and the lawmakers probably didn't want to be providing such huge amounts of protected leave.

          While Canadian law has no bearing on anything in these forums, this information might be useful to some people needing definitions to guide them when writing company policy.

          *in the US too!

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          • #6
            I didn't realize the % was that high.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by eerelations View Post
              This is probably because 97% of pregnancies result in miscarriages*
              Where is this statistic coming from?

              I'm finding that next to impossible to believe and with some quick googling haven't seen one number even close to that.
              "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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              • #8
                Most of them happen within the first month, and most of those happen to women who haven't clued in that they're pregnant (thought they might start cluing in better if they knew they'd get a job-protected leave if they miscarry), but still...can you imagine the number of bereavement leave claims you'd get if you allowed the leave for miscarriages?

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                • #9
                  Originally posted by Eng&SafetyMGR View Post
                  Where is this statistic coming from?

                  I'm finding that next to impossible to believe and with some quick googling haven't seen one number even close to that.

                  My family doctor, my OB-GYN, two emergency room residents and several nurses have all told me this.
                  Last edited by eerelations; 05-04-2010, 08:51 AM.

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                  • #10
                    Wow!.......didn't realize.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Thank you

                      Thanks to all who responded... our policy provided for bereavement in the event of a death of a son or daughter. Since in this case the pregnancy was far enough along to require or provide burial as an option, leave was granted. (PS - the father was requesting the leave, so the medical leave didn't come into play).

                      Comment


                      • #12
                        Glad to hear it worked out. Also, keep in mind that men are afforded the same rights as women in pregnancy related issues.

                        All the best!
                        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                        Comment


                        • #13
                          Glad you did it, blamq. I'm sure it meant a lot to the father in such a difficult time.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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