New Law Permitting Time Off for Reproductive Loss

With the signing of SB 848, unpaid leave in California is expanded by enabling workers to take time off due to “reproductive loss.” 

Effective January 1, 2024, employers will be required to provide eligible employees up to five days of protected time off following a “reproductive loss event.” Miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, and failed surrogacy are all examples of qualifying “reproductive loss events.” You are prohibited from taking adverse action against employees who request time off or take leave after experiencing a “reproductive loss.”

Important things to note:

• Eligible employees are those who have been working for you for at least 30 days.

• The new law applies to private employers with five or more employees and public employers of any size.

• If employees experience more than one “reproductive loss” in a twelve-month period, you are only required to provide 20 days of protected leave. 

• Employees are not required to provide supporting documentation when requesting time off.

• Leave may be paid or unpaid, however, employees are entitled to take PTO, vacation, sick leave, or any other compensatory time off that is available to them. 

  
  

This is one of many updates we will provide in the coming weeks that will involve changes to your current policies and/or employee handbook. Speak to an HR consultant or employment attorney for more guidance.