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There has been another pivotal change in California’s legislation: the enactment of Employee Leave for Reproductive Loss. This new law, Senate Bill 848, was signed by Governor Gavin Newsom on October 10, 2023, and will take effect on January 1, 2024.
Below are the details you need to know:
Covered Employees:
SB 848 mandates that private employers with a workforce of five (5) or more (and public employers of any size) provide up to five (5) days of protected time off for a “reproductive loss event.” This applies to any individual employed for a minimum of 30 days.
What Constitutes a Reproductive Loss Event:
As defined by SB 848, a reproductive loss includes a failed adoption, miscarriage, stillbirth, failed surrogacy, or unsuccessful assisted reproduction (such as artificial insemination, or embryo transfer). Any employee who would have been recognized as a parent in the successful outcome of these events is covered under this provision.
Reproductive Loss Leave Details:
Eligible employees are entitled to five days of protected leave, which can be non-consecutive, but must be utilized within three months of the reproductive loss event. If an employee undergoes multiple such events within a year, the cumulative leave entitlement caps at 20 days of leave per year.
Payment During Leave:
Reproductive loss leave time can be unpaid unless the employer has an existing policy stating otherwise. However, SB 848 authorizes an employee to use certain other leave balances otherwise available to them, such as vacation, personal leave, or sick leave during this period.
No Documentation Required:
SB 848 refrains from imposing documentation requirements for reproductive loss leave. This means that employees are entitled to request and take reproductive loss leave without providing any evidence that this leave is necessary.
Confidentiality Obligations:
Employers must prioritize the privacy of disclosures related to reproductive loss leave, ensuring that such details remain confidential and are disclosed only to essential internal personnel or legal counsel as needed. Additionally, the bill prohibits retaliation against an individual who uses reproductive loss leave.
Immediate Actions for Employers:
We advise companies to revisit, or if not yet in place, create policies related to reproductive loss leave, ensuring they are in line with the stipulations of SB 848. Once established, these provisions should also be integrated into the company employee handbook. Additionally, it’s vital to brief and train the relevant personnel on this legislation to guarantee compliance and smooth execution.
These changes go into effect January 1, 2024.
If you have questions or need more information, please contact us.
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