SB 848: California implements leave for reproductive loss

It may be time for employers to update their bereavement policies. This fall, California Gov. Gavin Newsom signed Senate Bill 848 into law, allowing for five days of time off for employees who experience a reproductive-related loss. Taking effect Jan. 1, 2024, SB 848 applies to public and private employers with five or more employees, and an employee is defined as a person employed by the employer for at least 30 days.

Reproductive loss leave is a subset of California’s bereavement leave law and increases an employee’s leave entitlement for a reproductive loss event. A “reproductive loss event” has been broadly defined as a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. If the employee would have been recognized as a parent had one of the forementioned events not occurred, the employee would be eligible for reproductive loss leave.

An employee has three months from the date of the “reproductive loss event” to complete the reproductive loss leave. An employee is not required to take the leave on consecutive days and, unlike bereavement leave, is not required to provide documentation to support their request for leave. If an employee experiences more than one reproductive loss event within a 12 month period, an employer is not required to provide leave in excess of 20 days within a 12-month period.

In accordance with the new law, reproductive loss leave can be unpaid, but an employee may use available vacation, paid time off, accrued sick leave or other compensatory time off available to them. Similar to the bereavement leave law, it is illegal for an employer to retaliate against an employee who exercises their right to request the leave. Further, an employer must maintain the confidentiality of any employee requesting the leave.

This new law addresses a complex health experience that largely effects women in the workforce, and mitigates any burden felt by an employee for not requesting time off. The law also promotes inclusivity as well as respect for employees who have their individual healthcare issues.