SB 848 Adding leave for reproductive loss

For the first time ever, California employers with 5 or more employees must provide employees, who have worked for at least 30 days, with 5 days of reproductive loss leave starting January 1, 2024.  “Reproductive loss” includes a miscarriage, failed surrogacy, stillbirth, unsuccessful “assisted reproduction” (such as artificial insemination or embryo transfer) or failed adoption.  If an employee suffers more than one reproductive loss in a 12-month period, the employer need not grant more than 20 days of leave within 12 months.

An employee that exercises leave rights under this law must be permitted to take leave on nonconsecutive days, and the leave must be taken within 3 months of the reproductive loss.  The leave time can be unpaid unless the employer has a policy stating otherwise.  Employees may use other leave balances available to them, such as paid sick leave.

Employers are prohibited from retaliating against any individual that uses this leave or shares information about the leave.  The law further obligates employers to maintain confidentiality relating to reproductive loss leave.

SB 848 is a major victory for California workers who need much-needed time off after reproductive loss.