GRANT MANDATORY LEAVE FOR THOSE WHO EXPERIENCE PREGNANCY LOSS IN THE MILITARY

The Issue

It’s hard to believe that I have to say I’m one of the luckier ones when I lost my daughter at 38 weeks’ gestation with no known cause.

Yokosuka, Japan. 

Wednesday, September 26th, 2018.

I called Labor & Delivery due to the baby's lack of movement. They told us to come in. Two corpsmen and one nurse could not find the heartbeat. Then two doctors could not find the heartbeat. FIVE PEOPLE. NO HEARTBEAT. “I’m sorry, she’s gone.” The words that forever changed my life.

I called my mom in hysterics. She was already at the airport on her way to Japan to be with us for the birth. She was planning on staying for a month to help with the new baby.

Why was I a lucky one? Because my husband had to return to work 10 days after our daughter died. I was fortunate to have someone else there to support me. I had just been in labor for over 24 hours and our beautiful baby girl was born without a heartbeat on September 27th. I was going to be recovering physically as well as begin the grieving process. Of course not having my husband by my side was unbearable. However, I was one of the lucky ones to have additional support from my extended family.

I had my mother with me for a month, followed by my mother in-law for the next month. Two months of support to keep me afloat. To help prevent that emotional spiral I most definitely would have endured if I were by myself.

What about the people overseas whose parents aren’t retired and can’t take off work or simply can’t afford to fly across the world? What about people who don’t have a healthy relationship with their families and would negatively be affected by their presence? What about the people who simply just want to be with their spouse - their partner - their biggest support? All of these “what ifs” happen. Yet here we are…

Why am I sharing this? Because on January 4, 2023, the Department of Defense released an expansion of the “Parental Leave Program”.

According to this new extension, parents and secondary caregivers are now given 12 weeks of leave that can be used within the first year of the child’s life.

What about service members who experience a miscarriage or stillbirth?

As written in the new issuance: 

“8. LEAVE FOLLOWING A STILLBIRTH OR MISCARRIAGE. In cases when a member experiences a stillbirth or miscarriage, the DoD health care provider may recommend convalescent leave in accordance with medical practice standards. In such cases, neither the member nor their spouse (if a member) is eligible for parental leave. However, either may be authorized emergency leave.”

As the statement was vague, I contacted the Department of Defense to ask for clarification. I asked if it was just for the service member if they were the one pregnant, or if it pertained to the supporting spouse as well.

A representative of the Department of Defense provided the following reply:\

[Ms. Greenhouse,

I’m sorry for the loss of your daughter.  Thank you for the question regarding Directive-type Memorandum 23-001, “Expansion of the Military Parental Leave Program.”  

The convalescent leave that is mentioned in Paragraph 8 of DTM 23-001 is specific to a pregnant Service member who experiences a miscarriage or stillbirth.  

In accordance with Section of 633 of the National Defense Authorization Act for Fiscal Year 2023, recently enacted, a Service member with a medical condition is allowed convalescent leave if the health care provider determines the Service member is not yet fit for duty as a result of that medical condition.  Further, convalescent leave may authorized only for a medical condition of a Service member and may not be authorized for a Service member in connection with a condition of a dependent or other family member of the Service member. 

I hope this answers your question.]

As stated above, any spouse of someone who experienced a miscarriage or stillbirth would not be able to receive the convalescent leave. This country is already experiencing a mental health crisis. How can the military expect their members to be able to fulfill all of their duties when they experienced the loss of a child and their partner may be at home recovering both physically from giving birth and mentally from their grief?

After doing more research, I found the U.S. Army has an additional policy. Their issuance states:

[h. Conclusion of Pregnancy.

(1) Convalescent Leave. Soldiers will be provided with convalescent leave for physical and emotional recovery after a birth event or in cases of miscarriage or stillbirth. Soldiers (including when the spouse is a Soldier, civilian, or a member of another military service) whose spouse experiences miscarriage or stillbirth will also be provided convalescent leave for emotional recovery. Convalescent leave is in addition to any authorized parental leave and will be granted as follows:

(a) After a birth, or in cases of miscarriage or stillbirth, convalescent leave will be authorized by the Soldier’s unit commander. At a minimum, unit commanders must grant convalescent leave as prescribed in enclosure 3.

(b) Commander may grant additional convalescent leave in accordance with reference 1q when a Soldier’s medical provider recommends, in writing, additional maternity convalescent leave. Recommendations for additional maternity convalescent leave must address a diagnosed medical condition and be entered as an e-Profile. The e-Profile will be processed by the Soldier’s commander and the applicable profile manager for each component. Convalescent leave under this paragraph may be denied only by the Soldier’s general court-martial convening authority or higher commander.

(c) Convalescent leave is non-chargeable and will begin after the confirmed conclusion of pregnancy (as defined in enclosure 2). In cases of miscarriage or stillbirth, to qualify for convalescent leave, the Soldier must provide documentation from a medical provider annotating the day of the perinatal loss or pregnancy termination for purposes of the command calculating and granting the convalescent leave.]


PETITION


This petition is to ask the Department of Defense to make a unilateral change across all branches to ensure that supporting spouses are guaranteed time to grieve, support their spouses, and allow time to settle down after such a life-altering experience. Please sign this petition to let the military know they need to ensure at least 30 days of convalescent leave for all service members affected by miscarriage or stillbirth. 


For reference, here is the entire Parental Leave Memorandum:

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM%2023-001.PDF?ver=MNugpajQ7C-GC455Y4HNqA%3d%3d


For reference, here is the Army’s Parental Leave policy that has additional support for those who have experienced miscarriage or stillbirth: 

https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN35255-ARMY_DIR_2022-06-000-WEB-1.pdf

 

* In honor of Taylor Paige, born sleeping on September 27th, 2018 and all other babies gone too soon. *

362

The Issue

It’s hard to believe that I have to say I’m one of the luckier ones when I lost my daughter at 38 weeks’ gestation with no known cause.

Yokosuka, Japan. 

Wednesday, September 26th, 2018.

I called Labor & Delivery due to the baby's lack of movement. They told us to come in. Two corpsmen and one nurse could not find the heartbeat. Then two doctors could not find the heartbeat. FIVE PEOPLE. NO HEARTBEAT. “I’m sorry, she’s gone.” The words that forever changed my life.

I called my mom in hysterics. She was already at the airport on her way to Japan to be with us for the birth. She was planning on staying for a month to help with the new baby.

Why was I a lucky one? Because my husband had to return to work 10 days after our daughter died. I was fortunate to have someone else there to support me. I had just been in labor for over 24 hours and our beautiful baby girl was born without a heartbeat on September 27th. I was going to be recovering physically as well as begin the grieving process. Of course not having my husband by my side was unbearable. However, I was one of the lucky ones to have additional support from my extended family.

I had my mother with me for a month, followed by my mother in-law for the next month. Two months of support to keep me afloat. To help prevent that emotional spiral I most definitely would have endured if I were by myself.

What about the people overseas whose parents aren’t retired and can’t take off work or simply can’t afford to fly across the world? What about people who don’t have a healthy relationship with their families and would negatively be affected by their presence? What about the people who simply just want to be with their spouse - their partner - their biggest support? All of these “what ifs” happen. Yet here we are…

Why am I sharing this? Because on January 4, 2023, the Department of Defense released an expansion of the “Parental Leave Program”.

According to this new extension, parents and secondary caregivers are now given 12 weeks of leave that can be used within the first year of the child’s life.

What about service members who experience a miscarriage or stillbirth?

As written in the new issuance: 

“8. LEAVE FOLLOWING A STILLBIRTH OR MISCARRIAGE. In cases when a member experiences a stillbirth or miscarriage, the DoD health care provider may recommend convalescent leave in accordance with medical practice standards. In such cases, neither the member nor their spouse (if a member) is eligible for parental leave. However, either may be authorized emergency leave.”

As the statement was vague, I contacted the Department of Defense to ask for clarification. I asked if it was just for the service member if they were the one pregnant, or if it pertained to the supporting spouse as well.

A representative of the Department of Defense provided the following reply:\

[Ms. Greenhouse,

I’m sorry for the loss of your daughter.  Thank you for the question regarding Directive-type Memorandum 23-001, “Expansion of the Military Parental Leave Program.”  

The convalescent leave that is mentioned in Paragraph 8 of DTM 23-001 is specific to a pregnant Service member who experiences a miscarriage or stillbirth.  

In accordance with Section of 633 of the National Defense Authorization Act for Fiscal Year 2023, recently enacted, a Service member with a medical condition is allowed convalescent leave if the health care provider determines the Service member is not yet fit for duty as a result of that medical condition.  Further, convalescent leave may authorized only for a medical condition of a Service member and may not be authorized for a Service member in connection with a condition of a dependent or other family member of the Service member. 

I hope this answers your question.]

As stated above, any spouse of someone who experienced a miscarriage or stillbirth would not be able to receive the convalescent leave. This country is already experiencing a mental health crisis. How can the military expect their members to be able to fulfill all of their duties when they experienced the loss of a child and their partner may be at home recovering both physically from giving birth and mentally from their grief?

After doing more research, I found the U.S. Army has an additional policy. Their issuance states:

[h. Conclusion of Pregnancy.

(1) Convalescent Leave. Soldiers will be provided with convalescent leave for physical and emotional recovery after a birth event or in cases of miscarriage or stillbirth. Soldiers (including when the spouse is a Soldier, civilian, or a member of another military service) whose spouse experiences miscarriage or stillbirth will also be provided convalescent leave for emotional recovery. Convalescent leave is in addition to any authorized parental leave and will be granted as follows:

(a) After a birth, or in cases of miscarriage or stillbirth, convalescent leave will be authorized by the Soldier’s unit commander. At a minimum, unit commanders must grant convalescent leave as prescribed in enclosure 3.

(b) Commander may grant additional convalescent leave in accordance with reference 1q when a Soldier’s medical provider recommends, in writing, additional maternity convalescent leave. Recommendations for additional maternity convalescent leave must address a diagnosed medical condition and be entered as an e-Profile. The e-Profile will be processed by the Soldier’s commander and the applicable profile manager for each component. Convalescent leave under this paragraph may be denied only by the Soldier’s general court-martial convening authority or higher commander.

(c) Convalescent leave is non-chargeable and will begin after the confirmed conclusion of pregnancy (as defined in enclosure 2). In cases of miscarriage or stillbirth, to qualify for convalescent leave, the Soldier must provide documentation from a medical provider annotating the day of the perinatal loss or pregnancy termination for purposes of the command calculating and granting the convalescent leave.]


PETITION


This petition is to ask the Department of Defense to make a unilateral change across all branches to ensure that supporting spouses are guaranteed time to grieve, support their spouses, and allow time to settle down after such a life-altering experience. Please sign this petition to let the military know they need to ensure at least 30 days of convalescent leave for all service members affected by miscarriage or stillbirth. 


For reference, here is the entire Parental Leave Memorandum:

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM%2023-001.PDF?ver=MNugpajQ7C-GC455Y4HNqA%3d%3d


For reference, here is the Army’s Parental Leave policy that has additional support for those who have experienced miscarriage or stillbirth: 

https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN35255-ARMY_DIR_2022-06-000-WEB-1.pdf

 

* In honor of Taylor Paige, born sleeping on September 27th, 2018 and all other babies gone too soon. *

Petition Updates