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California Recognizes Reproductive Loss with New Leave Law

California has taken a significant step towards recognizing the emotional and physical impact of reproductive loss with the enactment of Senate Bill 848. This new law offers qualified employees paid or unpaid leave to cope with a reproductive loss event.


What is Reproductive Loss Leave?

This law requires employers with five or more employees to provide up to five days of leave following a qualifying event. A qualifying event is defined as:

  • Miscarriage

  • Stillbirth

  • Failed adoption

  • Failed surrogacy

  • Unsuccessful assisted reproduction


This leave is capped at 20 days within a 12-month period, allowing employees who experience multiple losses to take time for healing.


Key Points about Reproductive Loss Leave

  • Leave can be paid or unpaid:  While the law itself doesn't mandate paid leave, employees can utilize accrued sick time, vacation time, or PTO to receive compensation during this period.

  • Confidentiality is protected: Any information an employee shares with their employer regarding the leave request must be kept confidential. Exceptions include disclosures required by law, or to internal HR personnel or legal counsel when necessary.

  • No retaliation allowed: Employers are prohibited from retaliating against employees who exercise their right to take reproductive loss leave.


Offering Support During a Difficult Time

Reproductive loss is a deeply personal experience that can be emotionally and physically draining. This new law acknowledges the importance of providing time and space for healing after such a loss. By offering reproductive loss leave, California employers can demonstrate their commitment to supporting employees during challenging times.


Additional Resources

For more information on Reproductive Loss Leave,  California's Department of Fair Employment and Housing (DFEH) offers resources on their website ([CA leave for reproductive loss ON CA.gov calcivilrights.ca.gov]).

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