California Signs Bill Expanding Leave Rights for Reproductive-Related Losses

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California’s bereavement leave law broadens its scope to reproductive-related losses, an area largely unaddressed until now.

Effective January 1, 2024, Senate Bill 848 requires employers to grant eligible employees up to five days of reproductive loss leave. The statute provides more guidance on eligibility and how leave may be taken:

  • The new law applies to California employers with five more employees, where employees who have worked for at least 30 days may be entitled to leave following a reproductive loss event.
  • “Reproductive loss events” are defined as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.”
  • Leave must be taken within three months of the reproductive loss event and employers must provide up to five days of leave with a maximum of 20 days of leave per year in cases where there are multiple events.
  • Reproductive loss leave is unpaid unless the employer’s policy mandates paid leave, where eligible employees may opt to use accumulated sick leave or other paid time off.
  • The law does not include any provision permitting employers to request documentation regarding reproductive loss leave.

With the ever-evolving landscape of employee leave, Sparrow’s here to keep you informed and help businesses like yours care for their employees.

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