As of January 1, 2024, California employers with five or more employees must provide to employees who have worked for at least 30 days before the start of leave up to five days per event for each of the following reproductive loss events:
- Miscarriage;
- Failed adoption;
- Failed surrogacy;
- Stillbirth; and
- Unsuccessful assisted reproduction (artificial insemination including gamete and embryo donation).
Employees can seek leave for these events if they would have been the parent of the adoptee or child if the adoption, surrogacy, or pregnancy had been successful, thus indicating that the employee’s gender is not relevant. Further, the spouse or domestic partner of the person experiencing a miscarriage, stillbirth, or unsuccessful assisted reproduction is entitled to this leave.
This new law is found at Section 12945.6 of the California Government Code. Other important points to note:
- Employers are not obligated to grant more than 20 days of total reproductive loss leave within a 12-month period;
- Employees need not provide documentation or a medical note in support of this leave;
- Employees do not need to take leave on consecutive days;
- If an employee goes on leave prior to or after a reproductive loss event, they have three months to complete their reproductive loss leave from the end date of the other leave period;
- Use of leave under this law is confidential;
- Leave is unpaid unless the employee chooses to use vacation, personal leave, or accrued and available sick leave;
- Leave under this law does not affect an employee’s right to any other form of leave, including sick leave, bereavement leave, pregnancy disability leave, or FMLA/CFRA leave; and
- Employers may not discriminate or retaliate against an employee who uses this leave.
Please reach out to your trusted GRSM employment law attorney with questions on this new legislation.