California has enacted legislation that requires employers with 5 or more employees to provide time off to employees who experience a covered reproductive loss event. The requirement takes effect Jan. 1, 2024, and is separate and distinct from the state’s bereavement leave and other leave requirements.
The details
General requirements
Under the law, covered employers must grant a request by any covered employee to take up to five days of reproductive loss leave following a covered reproductive loss event.
With one limited exception, the leave must be taken within 3 months of the event. However, if the employee is on or chooses to go on a different type of leave to which they are entitled under state/federal law, the reproductive loss leave must be completed within 3 months of the end of that other leave. Employees are entitled to use the leave on consecutive or nonconsecutive days.
If an employee experiences more reproductive loss events within the 12-month period, they are entitled to additional allotments of leave for each instance. However, an employer is only required to grant an employee up to 20 days of such leave within a 12-month period.
Covered employees
To be eligible for such leave, an employee must be employed by the employer for at least 30 days prior to the start of the leave.
Covered events
The leave may be taken after a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction, provided the employee would have been a parent if the covered event were successful. See the text of the law for definitions of these events.
Pay during leave
The leave must be taken pursuant to any existing applicable leave policy of the employer. If there is no existing applicable leave policy, reproductive loss leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.
Documentation
Nothing in the law requires employees to provide documentation to be entitled to such leave.
Retaliation prohibited
Employers are prohibited from taking adverse action against an individual because they:
- Exercise the right to reproductive loss leave.
- Give information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under the law.
Next steps
If you are a covered employer,
- Review policies and practices to ensure compliance with the changes made by the law by Jan. 1, 2024.
- Train supervisors on the changes and how to respond to leave requests.
Have questions?
Please contact your dedicated service professional with any questions.