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California’s Employees Entitled to Reproductive Loss Leave in 2024
Oct 27, 2023

California’s Employees Entitled to Reproductive Loss Leave in 2024

Topics: Employee Leave, New Laws & Legislation

On January 1, 2024, most California employers are required to provide up to five days of unpaid leave to an employee who experiences a reproductive loss event. Senate Bill 848 defines a reproductive loss as a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.

This new law applies to all employers with five or more employees. An eligible employee, someone employed with the company for at least 30 days, must take the leave within three months after the reproductive loss. However, the employee may take this leave intermittently. Further, a single employee is entitled to take more than one reproductive loss leave each year, but is limited to 20 days of reproductive loss leave within a 12-month period.

Unlike California’s Pregnancy Disability Leave, men are clearly eligible for reproductive loss leave, if the employee would have become a parent absent the unfortunate event.

Employees may choose to use any accrued and available sick leave, or other paid time off that is otherwise available to the employee, otherwise this is an unpaid leave. Employers should ensure that any handbooks and leave policies are promptly updated, as well as training management and human resources professionals on recognizing this new leave and ensuring that persons seeking and taking it are not discriminated against or retaliated against for seeking out or using such leave.

Employers who need further guidance on this or any of California’s new employment laws should contact the authors or their favorite CDF attorney.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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