California Enacts Reproductive Loss Leave

California Enacts Reproductive Loss Leave

Starting January 1, 2024, California law requires covered employers (i.e., five or more employees) to grant eligible employee’s request for up to five (5) days of leave following a reproductive loss event for covered employees (i.e., those who have worked for the employer for at least 30 days).  A reproductive loss event is defined as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.”  The amount of reproductive loss leave is limited to a maximum of 20 days within any 12-month period for those experiencing multiple reproductive loss events in a year.   California’s reproductive loss leave is unpaid, unless the employer has an existing policy that requires such leave to be paid.   No documentary evidence is required for the employee to substantiate the need for leave.   California’s new reproductive loss leave law can be found here.