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You know how every home has that
one spot, the place you think 

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about throughout the day where 
you can finally exhale? 

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For me, it's my bed. 
But here's The funny thing, it's

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not just my bed anymore. 
Be honest. 

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Who in your house tries to sneak
into your bed the most? 

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At mine, it's a toss up between 
my husband and my daughters. 

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And I get it. 
Like, it's technically my 

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husband's bed too, but it's my 
bed, you know? 

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But I get it because of the cozy
earth sheets. 

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And I have the silk comforter 
and the linen duvet cover on the

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silk comforter. 
It's like being the VIP lounge 

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of the house. 
It's like sleeping on a cloud 

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and being wrapped in a cloud 
hug. 

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And I just love it so much. 
In fact, as I'm sharing this 

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with you, I want to go and lie 
in bed right now. 

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Their sheets, as I've shared 
with you, are made from viscose 

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from bamboo, and they naturally 
Wick away heat and moisture, so 

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you sleep several degrees 
cooler. 

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That means even on those nights 
when it feels impossible to get 

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comfortable, I actually wake up 
refreshed. 

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Thank goodness because I need to
wake up feeling that way. 

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And it's not just the blanket, 
of course. 

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You can get any of their 
blankets like the bubble cuddle 

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blanket or as I've shared, I 
have the silk comforter. 

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It's a really true full on 
experience. 

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The bubble cuddle blanket, in 
fact has such a plush texture 

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and mid weight feel that it's 
perfect for curling up in the 

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bedroom or draped across the 
couch as a cozy centerpiece for 

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all of your guests. 
And we're approaching fall, 

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which is my favorite season, and
then winter is my second 

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favorite season. 
So that means that it is the 

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perfect time to cozy, as I like 
to say, your homes. 

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And honestly, it makes those 
mornings when you just can't get

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out of bed even harder. 
And that's kind of the point 

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when life feels stressful. 
That's the spot I can't wait to 

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retreat to. 
My cozy earth bed feels 

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different. 
It's where my comfort and 

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comfort for my family lives. 
And once you try it, I guarantee

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you, you'll never want to go 
back. 

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The best part of course is that 
there is 0 risk. 

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You get a 100 night sleep trial.
So if you don't love it, you can

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send it back, though I promise 
you won't want to. 

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There is also a 10 your warranty
because once you feel this level

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of comfort, you want it to last.
So do yourself a favor, head to 

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cozyearth.com and use my code 
human HR for 40% off. 

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And if you get a post purchase 
survey, let them know that you 

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heard about cozy Earth right 
here because your bed should be 

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more than just a place to sleep.
It should be your happy place 

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too. 
Cozy Earth makes that possible. 

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Welcome to the bringing the 
human back to human resources 

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podcast. 
I'm Tracy Chernoff, and I've 

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spent my entire professional 
career in HR Each week, we'll 

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explore the delicate balance 
between people and business with

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the aim to reconnect the two and
create meaningful outcomes. 

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Listen in as I share my own 
experiences, challenge the 

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status quo, and chat with guests
from various industries about 

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our mission to bring the human 
back to human resources. 

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Hi everyone, welcome back to the
Bringing the Human Back to Human

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Resources podcast. 
Thank you so much for being here

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for another week. 
It has been so long since I've 

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just done a solo episode. 
Frankly, I think I know why I 

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think I think I do I, I think 
it's because I've had so many 

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guests reach out and it's hard 
to say no. 

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It's really hard. 
Like there are so many people 

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who have a lot of valuable 
things to say. 

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And I don't know, I just, I'm a 
yes girl. 

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I say yes to as much as 
possible. 

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Which part of problem? 
Part of my problem honestly is 

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that I say yes to so many 
things. 

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I have to. 
Maybe I have to be more of a no 

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girl. 
I don't know. 

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Anyway, I really miss kind of 
just having a kind of 1 to 1 

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where it's just me, myself and I
and you, even though you are 

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listening. 
After I talked to myself for 

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however long I talked to myself.
So I've really, I've really kind

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of missed this. 
So if you want to hear more solo

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episodes, let me know and I will
make room for them. 

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And I will have to just say no a
little bit more or I don't know,

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maybe I have to do solo episodes
on a different platform. 

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I don't know. 
I don't know. 

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This is totally uncharted 
territory for me having to 

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balance weekly episodes where I 
can't even like keep up. 

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There are not enough weeks in 
the year. 

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I have literally guests like 
planned through 2026. 

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It's kind of insane. 
But I really, I realize that I 

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do need to do morsel episodes. 
At least I enjoy them. 

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It's been a while. 
Anyway, this week I'm going to 

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talk about a bit of a heavy 
topic, actually a long time 

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listener. 
And I should, I should say 

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actually before I get into this,
I'm going to put a trigger 

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warning on this episode. 
We're going to talk about 

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pregnancy and infant loss. 
And so if that's a, you know, 

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too sensitive a topic for you 
or, you know, triggering in any 

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way, I totally understand. 
I also think that as heavy a 

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topic as this is, I, my 
intention is not to make 

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everyone super sad, but rather 
to help, I don't know, maybe 

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inspire new ideas for benefits 
that you offer your employees. 

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Or maybe you've experienced this
yourself or you know someone 

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who've experienced, who has 
experienced pregnancy or infant 

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loss and maybe you can help them
or maybe you can help yourself. 

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And so just wanted to kind of 
get that kind of in front of you

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first. 
And also this the reason why I'm

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going to tell you a little bit 
about a long time listener who 

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reached out to me is because she
shared with me that October is 

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pregnancy and infant loss 
awareness month, which I 

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actually was not aware of. 
And so it's really apartment 

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that we're talking about this 
now. 

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And so again, hopefully you 
choose to listen. 

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And if at any point it's too 
tough, I totally get it. 

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I totally understand. 
So let me tell you a little bit 

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about why we're talking about 
this. 

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This week, a long time listener 
and HR professional reached out 

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to share her extremely powerful 
and deeply personal story. 

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And she reached out to me over 
e-mail. 

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And she shared in her e-mail 
that earlier this year, she lost

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her newborn son after giving 
birth super prematurely. 

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And through her own experience 
and navigating grief and 

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returning to work, she 
discovered a significant gap in 

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how organizations support or 
don't support parents who 

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experienced pregnancy or infant 
loss. 

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And she shared that while her 
own employer showed 

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extraordinary compassion. 
Which is really fabulous. 

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Many others are met with 
misunderstanding or even 

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insensitivity. 
And too often grieving parents 

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return to work before they're 
ready, expected to perform as if

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nothing had changed in their 
lives without thoughtful 

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guidance from HR or leadership. 
And she hopes to raise awareness

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within the HR community and 
suggested that this podcast 

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might be able to feature this 
topic, especially during 

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Pregnancy and Infant Loss 
Awareness Month, which is the 

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month of October, which we are 
very deeply in at this point. 

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Her vision includes helping HR 
leaders and managers understand 

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how to approach loss that 
parents experience with care, 

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prepare for their return to 
work, and connect them with 

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meaningful resources beyond the 
standard EAP or employee 

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Assistance program handout. 
She's already begun using her 

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voice to educate others, 
coaching parents through their 

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return to work and helping them 
understand their rights. 

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And she's building a foundation 
in her son's memory to continue 

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this mission. 
Her message was filled with 

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compassion, purpose, and a 
desire to turn personal pain 

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into positive change for others.
And that summary of her outreach

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to me is barely scraping the 
surface. 

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I, I received her e-mail a 
number of months ago and I found

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it quite difficult in the moment
to respond. 

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And I thought about her every 
week since then and took me 

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quite a long time to respond, 
not because it didn't impact me,

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but actually because of how much
it impacted me as a mother. 

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I, I can't even imagine what she
must have gone through, what she

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continues to go through. 
And so I had to get to a place 

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where I could do this topic 
justice and also reach out to 

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her in a way that was that met 
her, her vulnerability, exactly 

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where I needed to meet her. 
So to the listener who reached 

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out, you know who you are. 
Thank you so much for your 

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e-mail and thank you for sharing
your story and thank you for 

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allowing us to talk about a 
really important topic. 

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So let's break this down a 
little bit. 

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You know, of course, as 
mentioned, October is Pregnancy 

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and Infant Loss Awareness Month 
and actually October 15th, so 

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I'm recording this on October 
16th. 

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But I learned in some of my 
research that October 15th is 

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the Remembrance Day, so 
Pregnancy and Infant Loss 

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Remembrance Day. 
And I think that it's probably 

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safe to say that all of us 
likely know someone who's been 

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impacted in some way by this by 
loss of of an unborn child or an

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infant. 
And in HR, our work, of course, 

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is often about compliance and 
metrics and process and 

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strategy. 
But in times of loss, it's our 

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humanity that allows us to 
really help to navigate these 

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sometimes very uncharted waters 
with our colleagues, our teams. 

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And it's our humanity, I think, 
that matters most. 

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And so I want to explore how we 
in HR or other business leaders 

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can intentionally support 
parents who endure pregnancy 

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loss or infant death. 
And we can do that in looking at

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policy and looking at culture 
and in looking at some legal 

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awareness is that maybe we're 
not super familiar with. 

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So the reality is, is that when 
it comes to pregnancy loss, 

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there are a number of categories
or circumstances, let's say that

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qualify as pregnancy loss. 
There's miscarriage, still 

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birth, failed IVF, failed 
adoption or surrogacy. 

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And it's way more common than 
even I realized, and way more 

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common than we probably would 
assume. 

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The emotional, mental and 
physical recovery is also often 

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underestimated. 
This listener who reached out 

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shared a little bit about how if
she hadn't had the resources and

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the the community around her, 
that she probably would have 

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left her job. 
And you know what? 

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I bet there are parents out 
there who struggle even in that 

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way and in in their own mental 
health. 

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I I can only imagine the the 
toll that it might take on 

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someone. 
And some parents, of course, may

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likely require medical follow 
up, grief counseling, and even 

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accommodations for their mental,
physical or emotional pain, 

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right? 
That's ultimately what we're 

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talking about when we talk about
loss. 

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And yet at the same time, and 
this is also kind of looking at 

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what this particular listener 
wrote to me, so many parents 

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just returned to work and they 
returned to work too soon, or 

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they returned to work without 
support or without a community 

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or without whatever that support
might look like. 

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And they might even be expected 
to just snap back and, you know,

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get over it and, and maintain 
exactly what they were doing and

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their performance and all of 
that. 

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But that's completely 
unrealistic. 

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And frankly, it's probably 
pretty damaging too. 

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And when I think about the 
implication of someone 

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experiencing this type of loss 
and then relying on their 

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employer to understand how to 
navigate that loss with them, 

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there's a lot of risk in my mind
because there's so much 

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opportunity for a poor response 
from leadership and a poor 

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response from HR. 
And I even think about things 

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that I've heard when people have
had loss, like, you know, your 

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00:12:55,560 --> 00:12:58,600
bereavement, your standard 
bereavement that you, you know, 

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00:12:58,600 --> 00:13:02,840
see more maybe more frequently 
or that you hear about more 

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00:13:02,840 --> 00:13:06,080
frequently, which is loss of a 
parent, loss of a spouse, loss 

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00:13:06,080 --> 00:13:07,440
of a sibling, whatever that 
might be, right? 

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And there there are leaders or 
HR leaders who might say, well, 

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you know, they should get over 
it at this point. 

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They're taking too long, they're
taking too much time out of 

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work. 
And I just worry about the risk 

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of that happening when, you 
know, not everyone is a parent, 

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00:13:25,680 --> 00:13:29,440
not everyone experiences this. 
And maybe they lack compassion 

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for this type of loss that 
someone might be experiencing. 

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00:13:33,840 --> 00:13:37,600
So this ultimately the risk 
there is that it can add to 

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additional trauma, frankly, for 
these folks who experience this 

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type of loss. 
And one of the the things that I

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00:13:46,560 --> 00:13:50,920
think is really important to 
note is that, and I'm looking 

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00:13:50,920 --> 00:13:55,200
for the statistic here is that 
one in four pregnancies ends in 

229
00:13:55,200 --> 00:14:00,600
loss. 
I was totally shocked to read 

230
00:14:00,600 --> 00:14:05,160
that statistic from when from 
the e-mail that this listener 

231
00:14:05,160 --> 00:14:09,880
shared with me and sent to me 
and shocked to continue to read 

232
00:14:09,880 --> 00:14:12,320
about it, even though like I 
already read it, right? 

233
00:14:12,320 --> 00:14:13,760
She sent it to me. 
I read it. 

234
00:14:13,760 --> 00:14:19,080
I was like, whoa, that's insane.
And then to continue to see this

235
00:14:19,080 --> 00:14:22,320
metric in different ways. 
You know, sometimes you, you 

236
00:14:22,320 --> 00:14:24,680
think about one in four, it's 
like, what is that 25%? 

237
00:14:24,680 --> 00:14:27,040
You put four people in a room, 
one person experienced it. 

238
00:14:27,440 --> 00:14:32,160
You know, statistically 
speaking, it's just really, 

239
00:14:32,160 --> 00:14:36,400
really stark. 
And I think that when we think 

240
00:14:36,400 --> 00:14:39,400
about that, it helps us 
hopefully to understand the 

241
00:14:39,400 --> 00:14:44,560
prevalence and the importance of
supporting people who might 

242
00:14:44,720 --> 00:14:48,800
experience this or might have 
experienced this in their lives.

243
00:14:49,280 --> 00:14:57,080
And I think part of helping and 
supporting people in our first 

244
00:14:57,080 --> 00:15:01,400
of all leaders and HR leaders 
might well might experience this

245
00:15:01,400 --> 00:15:05,480
themselves, right? 
So there is a, an element here 

246
00:15:05,480 --> 00:15:10,120
where again, we can kind of 
understand this HR is also the 

247
00:15:10,120 --> 00:15:14,040
employee type of, you know, 
predicament, right? 

248
00:15:14,040 --> 00:15:17,480
Where maybe someone who's, who's
the decision maker on some of 

249
00:15:17,480 --> 00:15:22,320
these things is also the, the 
person impacted by these, these 

250
00:15:22,320 --> 00:15:25,800
things that we either roll out, 
whether they're benefits or 

251
00:15:26,320 --> 00:15:28,280
leave options, whatever that 
might be. 

252
00:15:29,320 --> 00:15:32,040
But there there's a practical 
framework that I think we can 

253
00:15:32,040 --> 00:15:36,560
apply here. 
So first, when we find out that 

254
00:15:36,560 --> 00:15:41,760
someone has experienced loss, 
there's of course this element 

255
00:15:41,760 --> 00:15:44,400
of like how do we support them 
in taking the time that they 

256
00:15:44,400 --> 00:15:46,720
need? 
And we'll talk about that from a

257
00:15:46,720 --> 00:15:50,240
regulatory standpoint and you 
know, law specific standpoint 

258
00:15:50,240 --> 00:15:54,560
and from AUS framework. 
But let's assume they've they've

259
00:15:54,560 --> 00:15:57,680
gotten that support, right. 
There's the stage of what 

260
00:15:57,680 --> 00:16:01,760
happens before they return and 
while they're on leave, what 

261
00:16:01,760 --> 00:16:05,600
that looks like. 
And the the biggest takeaways I 

262
00:16:05,600 --> 00:16:10,240
think are that we have to stay 
in contact in a compassionate 

263
00:16:10,240 --> 00:16:12,440
way. 
We shouldn't be overbearing. 

264
00:16:12,440 --> 00:16:17,080
We shouldn't be micromanaging. 
We should probably ask how they 

265
00:16:17,080 --> 00:16:20,200
prefer communication, how 
frequently they prefer 

266
00:16:20,200 --> 00:16:22,640
communication. 
We should be offering 

267
00:16:22,640 --> 00:16:26,440
flexibility for medical or 
mental health appointments and 

268
00:16:27,320 --> 00:16:32,200
set up a one-on-one meeting when
they're ready to return and give

269
00:16:32,200 --> 00:16:35,400
them a bit of control over their
timing and their boundaries and 

270
00:16:35,400 --> 00:16:39,280
what they need. 
And ultimately, when it shifts 

271
00:16:39,280 --> 00:16:45,160
from the pre return to actually 
returning the, the having a 

272
00:16:45,160 --> 00:16:52,560
private conversation before they
rejoin, which hopefully is 

273
00:16:52,560 --> 00:16:58,440
focused on a ramp up process. 
And you know this, if there 

274
00:16:58,440 --> 00:17:01,880
should be a, a collaborative 
approach to this ask. 

275
00:17:01,880 --> 00:17:05,960
And frankly, this is important 
even when someone's returning 

276
00:17:05,960 --> 00:17:10,359
from maternity or paternity 
leave, that when people come 

277
00:17:10,359 --> 00:17:12,560
back, there has to be this 
collaborative. 

278
00:17:12,560 --> 00:17:15,240
OK, what does your ramp backup 
look like? 

279
00:17:15,599 --> 00:17:18,960
How, what's reasonable? 
Are you coming back part time to

280
00:17:18,960 --> 00:17:20,920
start? 
Are you coming back reduced 

281
00:17:20,920 --> 00:17:23,079
hours? 
Are you coming back full time, 

282
00:17:23,079 --> 00:17:24,839
like full speed ahead? 
What does that look like? 

283
00:17:25,280 --> 00:17:31,280
And to clarify if also if their 
loss is going to be something 

284
00:17:31,280 --> 00:17:35,680
that they plan to communicate or
that they want to communicate 

285
00:17:35,680 --> 00:17:38,880
because this is a medical 
condition, a medical 

286
00:17:38,880 --> 00:17:41,960
circumstance. 
And so it's important that 

287
00:17:41,960 --> 00:17:44,880
confidentiality is considered 
here as well. 

288
00:17:45,200 --> 00:17:49,080
There is definitely no 
one-size-fits-all approach to 

289
00:17:49,080 --> 00:17:52,560
handling this. 
And everything kind of relies on

290
00:17:52,560 --> 00:17:56,520
this again, this collaboration 
and how the person feels 

291
00:17:56,920 --> 00:18:00,160
returning when they're on the 
job and when they're back. 

292
00:18:00,600 --> 00:18:06,000
There should be check insurance 
for sure, you know there maybe 

293
00:18:06,000 --> 00:18:10,760
we consider for these folks 
having mental health support 

294
00:18:12,000 --> 00:18:15,680
schedule flexibility, therapy 
times, things like that, reduced

295
00:18:15,680 --> 00:18:19,280
workload. 
And also there has to be some 

296
00:18:19,280 --> 00:18:22,440
element where managers are 
trained on how to listen, how to

297
00:18:22,440 --> 00:18:25,760
validate feelings and how to 
avoid harmful phrases. 

298
00:18:26,800 --> 00:18:32,280
And this, I find, is best when 
or best executed when managers 

299
00:18:32,280 --> 00:18:36,600
are given a bit of like a talk 
track or scripts because that's 

300
00:18:36,600 --> 00:18:38,280
how you can kind of coach a 
little bit. 

301
00:18:38,280 --> 00:18:41,640
And it also helps them to 
understand the empathetic 

302
00:18:41,640 --> 00:18:46,160
approach that they need to take.
And then, you know, naturally 

303
00:18:46,160 --> 00:18:51,080
there's this additional layer 
here where we can think about 

304
00:18:51,080 --> 00:18:55,760
reproductive loss, pregnancy, 
infant loss in bereavement and 

305
00:18:55,760 --> 00:18:59,320
leave policies explicitly 
stating those things. 

306
00:19:00,840 --> 00:19:06,360
In my research, I was finding 
that when those types of losses 

307
00:19:06,360 --> 00:19:10,520
are explicitly stated, people 
are generally a little bit more 

308
00:19:10,520 --> 00:19:14,920
open about saying they need that
time because otherwise it's kind

309
00:19:14,920 --> 00:19:19,600
of like, oh, bereavement is for 
parents, spouses, siblings and 

310
00:19:19,600 --> 00:19:25,640
maybe whoever else, right? 
But if it doesn't say, you know,

311
00:19:26,160 --> 00:19:29,840
reproductive loss, that maybe it
feels like they're a little bit 

312
00:19:29,840 --> 00:19:32,560
isolated in that in that sense 
and that they they're not 

313
00:19:32,560 --> 00:19:39,040
covered by that type of policy. 
And so creating that type of 

314
00:19:39,040 --> 00:19:44,040
explicit policy can potentially 
help in people feeling more 

315
00:19:44,040 --> 00:19:47,200
supported. 
Depending on the size of your 

316
00:19:47,200 --> 00:19:52,240
company, if you can create peer 
networks or a a lost parent 

317
00:19:52,320 --> 00:19:56,280
support group, this is also 
something that can really help 

318
00:19:56,280 --> 00:19:59,680
people as they acclimate to 
their new way of living. 

319
00:20:00,800 --> 00:20:03,640
And then also, of course, 
sharing external resources like 

320
00:20:03,640 --> 00:20:08,600
grief support, lost specific 
therapist, other, you know, 

321
00:20:08,600 --> 00:20:12,560
types of group. 
Therapies outside of work or 

322
00:20:12,560 --> 00:20:16,280
group networks outside of work 
that can also be really helpful.

323
00:20:16,720 --> 00:20:22,440
And again, a formal lost leave 
policy or policies around 

324
00:20:22,440 --> 00:20:26,840
bereavement time for 
reproductive loss can help again

325
00:20:26,840 --> 00:20:30,040
signal this element of 
psychological safety and 

326
00:20:30,040 --> 00:20:34,400
normalizes the conversation. 
And finally, when we think about

327
00:20:34,600 --> 00:20:38,960
communication and training, you 
know, there's an element here 

328
00:20:38,960 --> 00:20:42,960
where we have to train ourselves
and we have to learn ourselves 

329
00:20:42,960 --> 00:20:45,920
how to best support people like 
we're doing today. 

330
00:20:46,200 --> 00:20:50,760
I've learned a lot, for example.
But then also how do we take 

331
00:20:50,760 --> 00:20:53,080
that learning and then train 
others? 

332
00:20:53,200 --> 00:20:57,720
How do we train HR and people, 
leaders and other, you know, 

333
00:20:57,720 --> 00:21:00,800
people within the business? 
Maybe every year, maybe every 

334
00:21:00,800 --> 00:21:02,960
other year, depending on the the
need. 

335
00:21:03,800 --> 00:21:07,320
And naturally as you look to 
update your handbooks and your 

336
00:21:07,320 --> 00:21:10,760
policies, including things like 
this can be really important. 

337
00:21:10,760 --> 00:21:15,920
And, and it is really important.
Maybe there's an opportunity to 

338
00:21:15,920 --> 00:21:19,800
invite a guest speaker, whether 
it's a parent or a grief 

339
00:21:19,800 --> 00:21:22,400
counselor. 
Because again, when we think 

340
00:21:22,400 --> 00:21:27,640
about the prevalence of one in 
four pregnancies ending in loss,

341
00:21:28,080 --> 00:21:32,440
that's pretty significant. 
And it's, it probably suffice to

342
00:21:32,440 --> 00:21:36,720
say that you'll have a, you'll 
have a cohort interested in 

343
00:21:36,720 --> 00:21:40,600
hearing more, especially if we 
think about, OK, you know, 50, 

344
00:21:40,600 --> 00:21:44,280
maybe 50% of the workforce is 
female. 

345
00:21:45,800 --> 00:21:49,800
If one in four women are 
experiencing pregnancy loss, 

346
00:21:50,080 --> 00:21:55,480
it's pretty sizable. 
So let's shift gears a little 

347
00:21:55,480 --> 00:21:59,120
bit and talk about some of the 
legal and regulatory 

348
00:21:59,120 --> 00:22:02,840
considerations here. 
Again, this is AUS focus. 

349
00:22:02,840 --> 00:22:05,800
I know there are countries 
around the world that do a 

350
00:22:05,800 --> 00:22:11,080
really good job of looking at 
reproductive loss as part of 

351
00:22:11,480 --> 00:22:16,160
their regulations and part of 
their considerations in terms 

352
00:22:16,160 --> 00:22:19,240
of, you know, where the the law 
protects people. 

353
00:22:20,240 --> 00:22:24,440
But it is definitely essential 
for HR, no matter what 

354
00:22:24,800 --> 00:22:28,680
nationality, to understand what 
the law requires and where 

355
00:22:28,680 --> 00:22:32,760
organizations can go above and 
beyond that regulation. 

356
00:22:33,000 --> 00:22:37,520
So of course, from a federal 
national level, FMLA or the 

357
00:22:37,520 --> 00:22:41,400
Family and Medical Leave Act 
does frequently qualify. 

358
00:22:41,400 --> 00:22:44,520
Not frequently, but pregnancy 
loss does qualify or often 

359
00:22:44,520 --> 00:22:47,240
qualifies as a serious health 
condition. 

360
00:22:47,480 --> 00:22:53,720
I think that it probably depends
on where in the pregnancy it 

361
00:22:53,720 --> 00:22:56,360
qualifies. 
I think that's why the the 

362
00:22:56,360 --> 00:23:01,000
language says often qualifies. 
So if this is something that 

363
00:23:01,000 --> 00:23:03,040
applies to you or you're 
interested in learning more, I 

364
00:23:03,040 --> 00:23:06,240
would certainly encourage you to
reach out to your benefits 

365
00:23:06,240 --> 00:23:10,680
provider to learn a little bit 
more benefits and leave 

366
00:23:10,680 --> 00:23:13,080
provider. 
But pregnancy loss often 

367
00:23:13,080 --> 00:23:15,800
qualifies as a serious health 
condition, making the employee 

368
00:23:15,800 --> 00:23:19,640
eligible for up to 12 weeks of 
unpaid job protected leave if 

369
00:23:19,640 --> 00:23:22,640
they meet the eligibility. 
Eligibility conditions, of 

370
00:23:22,640 --> 00:23:26,160
course, mean that the employer 
has over 50 employees within 75 

371
00:23:26,160 --> 00:23:31,320
miles and that the employee 
themselves have worked 1250 

372
00:23:31,320 --> 00:23:34,240
hours and they've been employed 
for at least one year. 

373
00:23:35,000 --> 00:23:38,920
So if all of those things are 
met and the pregnancy loss 

374
00:23:38,920 --> 00:23:42,760
qualifies as a serious health 
condition, then they likely 

375
00:23:42,760 --> 00:23:45,880
would be eligible. 
There's also the Pregnant 

376
00:23:45,880 --> 00:23:50,840
Workers Fairness Act, or PWFA, 
which requires employers with 15

377
00:23:50,840 --> 00:23:53,600
or more employees to provide 
reasonable accommodations for 

378
00:23:53,600 --> 00:23:56,400
pregnancy, childbirth and 
related medical conditions, 

379
00:23:56,720 --> 00:24:00,320
including those arising from a 
pregnancy loss, unless there's 

380
00:24:00,320 --> 00:24:04,680
undue hardship on the business. 
Naturally, any business can 

381
00:24:04,680 --> 00:24:06,120
argue that there's undue 
hardship. 

382
00:24:06,120 --> 00:24:10,960
However, I would hope that 
businesses would see this type 

383
00:24:10,960 --> 00:24:16,120
of loss as one that, you know, 
it would benefit them to make 

384
00:24:16,120 --> 00:24:21,080
the accommodation and leave or 
time off can be an 

385
00:24:21,080 --> 00:24:23,840
accommodation, for example, if 
it's reasonable. 

386
00:24:24,440 --> 00:24:29,240
And reasonability, of course, as
we know, is very subjective 

387
00:24:29,240 --> 00:24:32,320
based on the business and based 
on the needs of the business. 

388
00:24:32,320 --> 00:24:35,160
But this is where you should 
know your rights and you should 

389
00:24:35,160 --> 00:24:40,720
know exactly what you might need
so that you can, you know, lean 

390
00:24:40,720 --> 00:24:45,440
into the the to these acts that 
are set out to protect you and 

391
00:24:45,440 --> 00:24:48,600
provide you support. 
There's also the Pregnancy 

392
00:24:48,600 --> 00:24:52,760
Discrimination Act, PDAA, 
different kind of PDA to add 

393
00:24:52,760 --> 00:24:56,640
some levity here. 
And so the Pregnancy 

394
00:24:56,640 --> 00:24:59,920
Discrimination Act says that 
miscarriage or other pregnancy 

395
00:24:59,920 --> 00:25:03,480
related loss is considered a 
pregnancy related medical 

396
00:25:03,480 --> 00:25:05,960
condition. 
Employers cannot discriminate or

397
00:25:05,960 --> 00:25:08,320
penalize employees for needing 
recovery or leave. 

398
00:25:08,560 --> 00:25:12,560
So this does protect people from
discrimination. 

399
00:25:13,440 --> 00:25:15,960
And so when we think about this,
I'm talking a lot about 

400
00:25:15,960 --> 00:25:19,120
pregnancy and pregnancy loss, 
pregnancy discrimination, things

401
00:25:19,120 --> 00:25:22,280
like that. 
If it comes to down to someone 

402
00:25:23,520 --> 00:25:26,880
experiencing infant loss, this 
is where bereavement policies 

403
00:25:26,880 --> 00:25:27,960
are going to be really 
important. 

404
00:25:27,960 --> 00:25:29,440
And we'll talk a little bit 
about that. 

405
00:25:30,640 --> 00:25:34,080
But I do think, you know, this 
is, you know, this is where 

406
00:25:34,080 --> 00:25:36,840
there's a bit of a Gray area 
because infant loss, any kind of

407
00:25:36,840 --> 00:25:42,320
loss can then result in, you 
know, mental health challenges, 

408
00:25:42,320 --> 00:25:45,080
struggles, right, physical, 
mental and emotional, frankly. 

409
00:25:45,520 --> 00:25:50,000
And that's where then if that 
person you know is experiencing 

410
00:25:50,000 --> 00:25:53,600
challenges mentally, physically,
emotionally, that they could be 

411
00:25:53,600 --> 00:25:57,040
accommodated for those things. 
So the accommodation for 

412
00:25:57,040 --> 00:26:00,200
pregnancy related loss is more 
medical because of the person 

413
00:26:00,200 --> 00:26:03,440
who is experiencing the 
pregnancy and then experiencing 

414
00:26:03,440 --> 00:26:07,000
the loss as a result. 
Not always as a result, 

415
00:26:07,000 --> 00:26:11,160
obviously, but one in 4 * 1 in 
four pregnancies are 

416
00:26:11,200 --> 00:26:14,280
experiencing, one in four 
pregnancies are resulting in 

417
00:26:14,280 --> 00:26:16,080
loss. 
So these people are experiencing

418
00:26:16,080 --> 00:26:23,080
this fairly commonly, and then 
should someone experience infant

419
00:26:23,080 --> 00:26:27,680
loss, it would be more about 
their own, probably their own 

420
00:26:28,200 --> 00:26:33,480
medical condition as a result of
that loss, whereas the loss is 

421
00:26:33,480 --> 00:26:36,400
considered a medical condition. 
Hopefully that makes sense. 

422
00:26:36,400 --> 00:26:39,680
It makes sense in my head, but I
hope I'm articulating that OK. 

423
00:26:41,640 --> 00:26:44,920
Also, unlike some countries, 
there is no federal requirement 

424
00:26:44,920 --> 00:26:47,840
in the US for bereavement leave 
in private employment. 

425
00:26:47,840 --> 00:26:51,000
So this is where, again, when we
think about companies going 

426
00:26:51,000 --> 00:26:56,680
above and beyond, they would 
make an impact here to include, 

427
00:26:57,440 --> 00:27:02,520
you know, bereavement leaves or 
policies that go outside of what

428
00:27:02,680 --> 00:27:06,280
the government might required 
require, which the government 

429
00:27:06,280 --> 00:27:09,080
requires nothing. 
So anything you give is better 

430
00:27:09,400 --> 00:27:12,400
than nothing. 
Some states have enacted 

431
00:27:12,400 --> 00:27:16,760
statutes that explicitly include
or may be interpreted to include

432
00:27:17,320 --> 00:27:19,400
reproductive loss or bereavement
leave. 

433
00:27:19,400 --> 00:27:22,480
And so a few examples are that 
California has a reproductive 

434
00:27:22,480 --> 00:27:26,600
loss leave and they require 
employers with five or more 

435
00:27:26,600 --> 00:27:30,080
employees to provide up to five 
days of protected leave for a 

436
00:27:30,080 --> 00:27:33,280
reproductive loss event like 
miscarriage, stillbirth, failed 

437
00:27:33,280 --> 00:27:37,840
adoption or unsuccessful 
assisted reproduction within the

438
00:27:38,000 --> 00:27:40,360
the three first three months of 
the event. 

439
00:27:41,240 --> 00:27:45,160
So within the there's a a loss 
in a particular month, three 

440
00:27:45,160 --> 00:27:48,520
months within that that three 
months, that's when they would 

441
00:27:48,520 --> 00:27:52,560
be able to receive the five days
of protected leave. 

442
00:27:52,760 --> 00:27:56,120
The leave may be non consecutive
and employees can use accrued 

443
00:27:56,200 --> 00:27:59,360
sick or vacation time. 
And the law does prohibit 

444
00:27:59,360 --> 00:28:02,080
retaliation or discrimination 
for exercising those rights. 

445
00:28:02,680 --> 00:28:05,480
In Illinois, they have a Family 
Bereavement Leave Act, which has

446
00:28:05,480 --> 00:28:08,760
been effective since January 
1st, 2023, as a matter of fact. 

447
00:28:09,240 --> 00:28:13,160
And it expands on prior 
bereavement leaves leave laws, 

448
00:28:13,160 --> 00:28:16,200
excuse me, to cover pregnancy 
loss, failed adoption, 

449
00:28:16,200 --> 00:28:19,120
surrogacy, etcetera. 
And employees ultimately may 

450
00:28:19,120 --> 00:28:22,520
take up to 10 working days or 
two weeks of unpaid leave to 

451
00:28:22,520 --> 00:28:25,480
grieve or make arrangements. 
And employers can request 

452
00:28:25,480 --> 00:28:29,000
reasonable documentation, of 
course, but employees don't need

453
00:28:29,000 --> 00:28:30,640
to disclose the nature of the 
event. 

454
00:28:31,560 --> 00:28:36,000
In Oregon, there is a 
requirement for employers with 

455
00:28:36,000 --> 00:28:39,960
25 or more employees to provide 
up to two weeks of unpaid 

456
00:28:39,960 --> 00:28:45,280
bereavement leave per event. 
And those days of leave or weeks

457
00:28:45,280 --> 00:28:48,120
of leave, I should say, must be 
taken within 60 days. 

458
00:28:48,480 --> 00:28:53,040
So again, at the, you know, when
the loss event happens within 

459
00:28:53,040 --> 00:28:57,440
that first two months, I'm going
to continue with a couple other 

460
00:28:57,440 --> 00:29:00,360
states here. 
Washington state says that all 

461
00:29:00,360 --> 00:29:02,960
employers must provide paid 
bereavement leave in certain 

462
00:29:02,960 --> 00:29:06,640
cases, including pregnancy loss.
And in Maryland, employers with 

463
00:29:06,640 --> 00:29:12,720
15 or more employees must allow 
the use of a crude leave for 

464
00:29:12,720 --> 00:29:15,360
bereavement. 
In other states like Colorado, 

465
00:29:15,360 --> 00:29:18,880
Tennessee, etcetera, they have 
introduced or debated 

466
00:29:19,120 --> 00:29:21,640
bereavement or reproductive lost
leave laws. 

467
00:29:21,960 --> 00:29:25,400
So I didn't go too, too deep 
into every state because there 

468
00:29:25,400 --> 00:29:31,480
are 50, but I would encourage 
you to wherever you have 

469
00:29:31,520 --> 00:29:37,200
employees, look at what their 
their reproductive loss laws 

470
00:29:37,200 --> 00:29:40,800
are, what their bereavement 
loss, bereavement leave laws are

471
00:29:40,920 --> 00:29:44,320
so that you can best support the
teams that you have in those 

472
00:29:44,320 --> 00:29:48,280
locations. 
And if you yourself need support

473
00:29:48,280 --> 00:29:52,880
or need, you know, access to 
this type of protection, you 

474
00:29:52,880 --> 00:29:56,400
should certainly know the the 
rights that you have based on 

475
00:29:56,400 --> 00:29:58,480
the, the state that you reside 
in. 

476
00:29:59,720 --> 00:30:03,760
In many states, leave under 
bereavement statutes statutes is

477
00:30:03,760 --> 00:30:06,880
unpaid. 
As we can understand, however, 

478
00:30:06,880 --> 00:30:11,240
employees can often use accrued 
paid leave, and this is pretty 

479
00:30:11,240 --> 00:30:13,560
standard. 
A lot of companies do offer paid

480
00:30:13,560 --> 00:30:17,360
bereavement leave, although 
maybe it's a little bit more 

481
00:30:17,360 --> 00:30:21,680
minimal in the number of days. 
But I, I would argue that 

482
00:30:22,480 --> 00:30:25,480
pregnancy and infant loss 
probably require a few more days

483
00:30:25,480 --> 00:30:30,200
than your typical bereavement 
leave because it is so not. 

484
00:30:30,200 --> 00:30:35,600
I mean, certainly loss can be 
very unexpected in any case, 

485
00:30:35,600 --> 00:30:38,200
right? 
Unexpected, untimely, all of 

486
00:30:38,200 --> 00:30:42,040
those things. 
But it does maybe feel a little 

487
00:30:42,040 --> 00:30:45,800
bit different if it's pregnancy 
or infant related. 

488
00:30:47,200 --> 00:30:49,720
But maybe that's just because 
I'm in the throes of this topic 

489
00:30:49,720 --> 00:30:52,840
right now. 
But in general, when someone 

490
00:30:52,840 --> 00:30:57,280
experiences a loss of any kind 
that is premature, unexpected, 

491
00:30:58,400 --> 00:31:02,080
untimely, there should, you 
know, there should probably be 

492
00:31:02,080 --> 00:31:04,720
exceptions to some of the rules 
that companies have. 

493
00:31:04,720 --> 00:31:10,320
Like if a company has five paid 
bereavement days, well, maybe if

494
00:31:10,320 --> 00:31:13,360
someone needs 15, maybe you just
give them 15, have them use 

495
00:31:13,360 --> 00:31:15,160
their sick time, have them use 
their PTO. 

496
00:31:15,160 --> 00:31:18,600
That's fine. 
But you know, maybe go above and

497
00:31:18,600 --> 00:31:24,760
beyond for people when we think 
about some of the legal 

498
00:31:24,760 --> 00:31:27,520
considerations here. 
I just want to mention that if 

499
00:31:27,520 --> 00:31:30,600
an employee's grief or recovery 
qualifies as a serious health 

500
00:31:30,600 --> 00:31:35,760
condition, denying their leave 
or accommodation requests under 

501
00:31:35,760 --> 00:31:39,760
the FMLA or Americans with 
Disability Act, ADA, could lead 

502
00:31:39,760 --> 00:31:43,640
to legal exposure. 
So make sure that you are really

503
00:31:44,200 --> 00:31:46,760
thinking through everything and 
potentially taking a partner 

504
00:31:46,760 --> 00:31:50,640
either in an additional HR 
partner or a legal partner. 

505
00:31:51,240 --> 00:31:54,840
Mental health or depression post
lost weight may also entitle 

506
00:31:55,320 --> 00:31:57,880
accommodations under disability 
law, which is kind of what I was

507
00:31:57,880 --> 00:32:00,880
talking about when it came to 
the infant loss side of things. 

508
00:32:02,200 --> 00:32:05,040
There's a lot of 
intersectionality in this topic,

509
00:32:05,040 --> 00:32:10,760
so be really mindful as you make
your decisions so that you can 

510
00:32:10,760 --> 00:32:14,920
make sure that you're not only 
compliant but also reasonable. 

511
00:32:15,320 --> 00:32:18,400
And when it comes to 
documentation, some states allow

512
00:32:18,680 --> 00:32:22,560
or require reasonable 
documentation, whereas others do

513
00:32:22,560 --> 00:32:25,840
not require proof. 
So be really clear about the 

514
00:32:25,840 --> 00:32:28,480
state specific requirements 
here. 

515
00:32:28,840 --> 00:32:32,400
And then finally, denial of 
leave, a demotion, negative 

516
00:32:32,400 --> 00:32:36,200
treatment after a loss may all 
violate the Pregnancy Workers 

517
00:32:36,200 --> 00:32:40,280
Fairness Act, PWFA, the 
Pregnancy Disability Act, PA, or

518
00:32:40,280 --> 00:32:42,360
state anti discrimination 
statutes. 

519
00:32:42,600 --> 00:32:49,560
So again, be really, really 
specific, intentional, clear 

520
00:32:49,800 --> 00:32:51,920
about any decision that you 
might make. 

521
00:32:53,240 --> 00:32:57,640
And you know, when we think 
about kind of coming full circle

522
00:32:57,640 --> 00:33:03,120
to how we help other leaders 
navigate supporting their teams,

523
00:33:03,680 --> 00:33:07,120
I think there are a few things 
to just kind of remember and 

524
00:33:07,120 --> 00:33:10,440
keep in mind. 
Again, one in four pregnancies 

525
00:33:10,800 --> 00:33:13,520
ends in loss. 
And when we think about the 

526
00:33:13,520 --> 00:33:18,280
language that we attribute to 
someone is sharing with us that 

527
00:33:18,280 --> 00:33:20,480
they've experienced this, 
language matters. 

528
00:33:20,480 --> 00:33:22,560
Avoid phrases like you should be
over this. 

529
00:33:22,800 --> 00:33:24,600
Avoid phrases like you can move 
on. 

530
00:33:24,960 --> 00:33:29,000
Instead, say, I'm so sorry or 
take the time you need or how 

531
00:33:29,000 --> 00:33:33,600
can we best support you? 
You know, this is frankly, 

532
00:33:33,720 --> 00:33:36,000
nobody cares about what you 
think. 

533
00:33:36,640 --> 00:33:39,120
Everybody cares about how that 
person feels. 

534
00:33:39,360 --> 00:33:44,200
So the business leader in this 
context has to remove their own 

535
00:33:44,200 --> 00:33:48,080
needs from this situation and 
think about what their person 

536
00:33:48,080 --> 00:33:52,800
needs, You know, whether there's
a, when we think about the 

537
00:33:52,800 --> 00:33:56,000
cultural elements here, maybe 
there's a remembrance e-mail, 

538
00:33:56,000 --> 00:33:58,600
maybe you send flowers, maybe 
there's some sort of 

539
00:33:58,640 --> 00:34:02,560
acknowledgement for this loss, a
safe space meeting, something 

540
00:34:02,560 --> 00:34:06,880
like that. 
I know in my experiences, you 

541
00:34:06,880 --> 00:34:11,800
know, helping people navigate 
loss, we send flowers or we make

542
00:34:11,800 --> 00:34:15,800
a donation or we plant a tree. 
Like there's so many things that

543
00:34:15,800 --> 00:34:20,880
you can do that don't costs 
$1,000,000 and really make a 

544
00:34:20,880 --> 00:34:26,760
huge impact for that person. 
Also, normalize referring people

545
00:34:26,920 --> 00:34:30,040
to resources. 
Provide names of therapists, 

546
00:34:30,040 --> 00:34:35,760
grief groups, support groups, 
employee resource groups, have 

547
00:34:35,880 --> 00:34:37,960
hire someone that they can talk 
to. 

548
00:34:37,960 --> 00:34:42,280
I mean, there's so many things 
that we can do to refer our 

549
00:34:42,280 --> 00:34:45,920
teams to the right people who 
can help them navigate these 

550
00:34:45,920 --> 00:34:49,639
types of losses, celebrate their
courage, acknowledge that 

551
00:34:49,639 --> 00:34:53,280
returning to work after such a 
loss is an act of strength. 

552
00:34:53,639 --> 00:34:55,480
And it doesn't mean the pain is 
gone. 

553
00:34:55,719 --> 00:34:58,560
And it doesn't mean it's going 
to be any easier, but that 

554
00:34:58,560 --> 00:35:01,040
they've returned. 
And this is, you know, something

555
00:35:01,040 --> 00:35:04,200
that they're navigating every 
single day. 

556
00:35:04,560 --> 00:35:07,320
And that acknowledgement will 
probably help them as well. 

557
00:35:08,560 --> 00:35:12,200
And then finally, you know, 
thinking about how we can 

558
00:35:12,800 --> 00:35:16,120
support people before they ask 
for support, it's through policy

559
00:35:16,120 --> 00:35:19,120
changes and transparency. 
Make your loss and bereavement 

560
00:35:19,120 --> 00:35:23,400
policies visible, clearly 
worded, accessible in handbooks 

561
00:35:23,400 --> 00:35:25,040
or the intranet that you might 
have. 

562
00:35:25,440 --> 00:35:30,200
Include pregnancy, infant, or 
reproductive loss in your 

563
00:35:30,200 --> 00:35:33,400
policies and encourage 
continuous learning. 

564
00:35:33,960 --> 00:35:38,280
Revisit the policies annually. 
Solicit feedback from employees 

565
00:35:38,280 --> 00:35:41,400
who've navigated loss to figure 
out what could we be doing 

566
00:35:41,400 --> 00:35:42,400
better? 
What could we be doing 

567
00:35:42,400 --> 00:35:44,280
different? 
What could we be doing? 

568
00:35:45,240 --> 00:35:51,560
All of those things should help 
to enable people navigating the 

569
00:35:51,560 --> 00:35:57,800
circumstance to feel most 
supported and not feel as this 

570
00:35:57,800 --> 00:36:02,560
particular listener did, in such
a way where if that didn't 

571
00:36:02,560 --> 00:36:05,000
exist, that they wouldn't be 
able to return to work. 

572
00:36:06,080 --> 00:36:08,440
You know, thinking about again, 
the magnitude and the 

573
00:36:08,440 --> 00:36:13,600
prevalence, we need all of these
people experiencing this type of

574
00:36:13,600 --> 00:36:16,840
loss to feel supported. 
Otherwise, there's a huge, 

575
00:36:17,520 --> 00:36:22,600
there's a huge gap at the in the
workplace, there's a huge loss 

576
00:36:23,280 --> 00:36:27,280
in talent because companies 
failed to support their people. 

577
00:36:27,280 --> 00:36:32,840
So hopefully this topic, while 
certainly heavy in its weight, 

578
00:36:34,000 --> 00:36:36,720
helped you to think a little bit
differently maybe about your own

579
00:36:36,720 --> 00:36:38,560
policies. 
It's actually a really good time

580
00:36:38,560 --> 00:36:41,800
to think about this because it 
is the end of the calendar year 

581
00:36:41,800 --> 00:36:45,160
and generally companies start to
look at their policies and 

582
00:36:45,160 --> 00:36:48,200
handbooks now for a fresh start 
in the new year. 

583
00:36:48,960 --> 00:36:52,560
And so maybe this is maybe 
adding one phrase like 

584
00:36:52,560 --> 00:36:56,280
reproductive loss in your 
bereavement policy, or adding an

585
00:36:56,280 --> 00:36:59,080
additional policy or adding a 
bereavement leave policy. 

586
00:37:00,120 --> 00:37:02,280
All of those things can really 
go a long way. 

587
00:37:02,280 --> 00:37:05,520
So hopefully you're walking away
with some new information. 

588
00:37:05,840 --> 00:37:08,480
Maybe you're walking away 
feeling supported yourself. 

589
00:37:08,520 --> 00:37:11,720
Maybe you're walking away 
understanding someone you know 

590
00:37:11,720 --> 00:37:15,520
or a loved one a little bit more
deeply or maybe a colleague more

591
00:37:15,520 --> 00:37:17,400
deeply. 
And so with that, I really just 

592
00:37:17,400 --> 00:37:21,360
want to say thank you again to 
this particular listener who 

593
00:37:21,360 --> 00:37:25,240
suggested the topic and who 
shared her stories so 

594
00:37:25,920 --> 00:37:28,720
vulnerably. 
It's allowed us to talk about a 

595
00:37:28,720 --> 00:37:33,320
really important subject and 
hopefully educate, like I said, 

596
00:37:33,320 --> 00:37:36,880
not just myself, but others who 
have listened to this episode as

597
00:37:36,880 --> 00:37:38,960
well. 
So thank you all so much for 

598
00:37:38,960 --> 00:37:43,040
tuning in this week. 
Tons of great episodes ahead. 

599
00:37:43,440 --> 00:37:47,400
And like I said, lots of guest 
episodes, but really amazing 

600
00:37:47,400 --> 00:37:51,080
guests who are bringing a ton of
value, I think, to the podcast. 

601
00:37:51,080 --> 00:37:55,840
So please leave your comments in
the whether you're listening on 

602
00:37:55,840 --> 00:37:59,280
Spotify or YouTube, if you're 
watching this on Spotify or 

603
00:37:59,280 --> 00:38:04,040
YouTube, send me an e-mail at 
contact at hrtracy.com rate 

604
00:38:04,040 --> 00:38:05,800
review, subscribe, whatever you 
have to do. 

605
00:38:06,040 --> 00:38:09,360
Let me know your feedback. 
Thank you so much for tuning in 

606
00:38:09,640 --> 00:38:13,480
and thank you again to my 
listener for sharing her story. 

607
00:38:14,400 --> 00:38:17,280
We will chat soon. 
Take care everybody see you next

608
00:38:17,280 --> 00:38:19,440
week. 
Hey, just before you go, don't 

609
00:38:19,440 --> 00:38:22,240
forget to subscribe to the show 
so that you are the first to 

610
00:38:22,240 --> 00:38:26,000
hear when an episode drops each 
week and maybe leave a five star

611
00:38:26,000 --> 00:38:28,560
review and a comment about how 
much you love this episode. 

612
00:38:28,760 --> 00:38:31,360
Plus, if you have someone in 
mind who would really enjoy this

613
00:38:31,360 --> 00:38:33,000
episode, make sure you share it 
with them. 

614
00:38:33,080 --> 00:38:35,960
Thank you so much for tuning in 
and I'll see you next week.

