On January 1, 2025, California’s Reproductive Loss Leave Law (SB 848) will mark its one year anniversary. It had expanded the state’s existing bereavement leave to include reproductive loss events, acknowledging the profound emotional impact these experiences can have on individuals and families.

As we mark the first anniversary of California’s reproductive loss leave law, it provides us with an opportune moment to examine its significant provisions and underlying purpose.

California’s Reproductive Loss Leave Law provides employees with up to five days of protected leave following a reproductive loss event, with a maximum of 20 days per rolling 12-month period. The law applies to all public employers and private employers with five or more employees, covering full-time, part-time, and temporary workers who have worked at least 30 days in California, with no minimum length of service requirement. Qualifying events include miscarriage, stillbirth, failed adoption or surrogacy, and unsuccessful assisted reproduction. While the leave is unpaid, employees may use accrued paid time off, and the five days need not be consecutive but must be used within three months of the qualifying event. California’s Reproductive Loss Leave Law strictly prohibits retaliation against individuals exercising this right, including actions such as refusing to hire, denying promotions, suspending employment, reducing hours, or termination.

Employers are legally obligated to respond to reproductive loss leave requests in a timely and sensitive manner. They must maintain strict confidentiality regarding all aspects of these requests, treating the information with the utmost discretion. Furthermore, employers are expressly prohibited from interfering with, restraining, or denying an employee’s exercise or attempt to exercise any rights provided under this legislation. This includes refraining from any actions that might discourage or impede an employee from seeking or using this leave. Employers should establish clear protocols to ensure prompt processing of requests, secure handling of confidential information, and comprehensive training for managers and HR staff to prevent any inadvertent violations of this law.

Under California’s reproductive loss leave, employees retain all their other leave entitlements, as this benefit constitutes a “separate and distinct right” under the Fair Employment and Housing Act. This means the leave stands independently and is not designed to run simultaneously with other protected leaves such as the California Pregnancy Disability Leave Act (PDL) or the California Family Rights Act (CFRA). Therefore, after completing statutory leaves such as PDL or CFRA, if applicable, employees retain the right to take reproductive loss leave within a three-month window. This structure ensures comprehensive protection of employees’ leave rights, allowing them to access their full benefits under each applicable law without compromise.

The law intends to strike a compassionate balance between employee needs and employer concerns. It ensures that workers have some protected time off to grieve and recover from reproductive loss events, while also addressing business needs by capping the total leave at 20 days per year. This balanced approach recognizes the potentially recurring nature of reproductive challenges while providing a framework that allows employers to manage their workforce effectively. The 20-day limit demonstrates an understanding of the profound impact these events can have on individuals, while also acknowledging the operational realities faced by businesses.

California’s targeted approach to reproductive loss leave stands out because it explicitly recognizes and protects employees experiencing reproductive loss through dedicated leave provisions. According to the National Partnership for Women & Families, 18 states plus the District of Columbia, 17 cities, and four counties have mandated paid sick leave laws that can be applied to medical needs, including mental and physical health issues resulting from pregnancy loss. California, already part of this group, has gone further by introducing its dedicated reproductive loss leave. Granting leave for reproductive loss events allows individuals to process their grief in a healthy manner, making it increasingly likely for them to return to work more focused and productive. This time can be crucial for emotional healing and seeking counseling or support that may arise from the loss.

Sources

California Civil Rights: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2024/01/Reproductive-Loss-Leave.pdf

California SB No. 848: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB848

National Partnership for Women & Families https://nationalpartnership.org/wp-content/uploads/2023/02/current-paid-sick-days-laws.pdf