By: HUB's Absence Management Team

The state of California recently passed Senate Bill (SB) 848, requiring covered employers to provide up to five (5) days of leave for employees who experience a reproductive loss. This new law goes into effect on January 1, 2024.

Overview: Eligibility and Leave Entitlements

Beginning on January 1, 2024, employers with five or more employees must provide up to five (5) days of unpaid leave to qualifying employees who experience reproductive loss. In order to be eligible for this leave, the employee must have been employed by the employer for at least 30 days prior to the commencement of the leave.

The law’s definition of reproductive loss includes:

  • failed adoption
  • failed surrogacy
  • miscarriage
  • stillbirth
  • unsuccessful assisted reproduction

In the event of a failed adoption or surrogacy, this leave applies to any person who would have been a parent of the child if the adoption or surrogacy had been completed. For miscarriage or stillbirth, the leave applies to any individual who would have been a parent of a child born as a result of the pregnancy or the spouse or domestic partner of a person experiencing a reproductive loss event.

The leave may be taken on consecutive or non-consecutive days and must be completed within three months of the reproductive loss event. An employee may take leave under this law for more than one reproductive loss event; however, the employer is not obligated to provide more than 20 days of leave within a 12-month period.

Leave covered by this law can be unpaid, unless the employer has an existing policy that provides paid leave for these purposes. However, the law expressly grants employees the right to utilize other leave balances such as accrued vacation, paid time off, personal, or sick leave available to them during this leave.

Employers are prohibited from denying or retaliating against an employee for making a request for leave under this law. In addition, employers are obligated to maintain employee confidentiality regarding their reproductive loss.

Next Steps

Employers should review these changes and make any necessary updates to their leave policies, employee handbooks and/or training materials to ensure compliance by January 1, 2024.

NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.