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CA Introducing Reproductive Loss Leave

As a California employer, you’re no stranger to the evolving landscape of employee rights and benefits. Come January 1, 2024, the Golden State introduces yet another significant leave entitlement: reproductive loss leave. As your trusted partner in employee matters, we’re here to break down what this, and all new California labor law, means for your business.

Who’s Eligible for the Reproductive Loss Leave?

Before diving into the specifics, let’s clarify who qualifies:

• Employees with a tenure of at least 30 days with your company.
• Those who’ve experienced a qualifying reproductive loss event.

Events Covered Under the New Leave

Your employees can request this specific type of employee leave for a range of reproductive loss events, such as:

• Adoption Interruptions: When an adoption agreement gets dissolved or faces legal challenges.
• Surrogacy Hurdles: Issues like terminated surrogacy contracts or unsuccessful embryo implantations.
• Miscarriages & Stillbirths: Personal experiences or those involving a spouse, domestic partner, or another potential parent.
• Challenges in Assisted Reproduction: Unsuccessful medical procedures, excluding natural conception.

Key Features for Employers to Note

Duration: In the ever-evolving landscape of employee benefits, understanding leave durations is crucial. Employees have the flexibility to request up to five non-consecutive days for reproductive loss. This flexibility acknowledges the emotional and physical toll such events can have. If an employee encounters multiple reproductive loss events within a single year, they have the right to request an additional five days, ensuring they have ample time to cope. However, it’s essential to note that there’s a yearly cap set at 20 days.

Timing: Timing is everything, especially when it comes to sensitive matters like reproductive loss. The leave should ideally be availed within a three-month window following the event. This time frame provides employees with a structured period to heal and recover. Additionally, if an employee is already on another type of leave during the reproductive loss, they have the provision to extend their reproductive loss leave to three months after the conclusion of their ongoing leave. This ensures that employees don’t feel rushed and can take the time they need.

Compensation: While the reproductive loss leave is unpaid, it’s essential to recognize the value of accrued leaves. Employees can tap into their accumulated leaves, be it vacation or sick leave. The choice of leave to utilize often depends on the leave hours stipulated in your employee benefits, ensuring that employees are not financially strained during these challenging times.

Documentation: Trust and transparency are the cornerstones of a healthy employer-employee relationship. In line with this, you, as an employer, are not permitted to request documentation to validate the reproductive loss leave. This policy underscores the importance of respecting the personal and sensitive nature of reproductive loss.

Employee Rights: It’s crucial to maintain confidentiality and ensure there’s no discrimination or retaliation against employees availing this leave. Upholding employee rights is paramount. It’s not just about adhering to the law but also about fostering a culture of respect and understanding. 

Empowering Your Business in the Face of Change

California’s introduction of the reproductive loss leave underscores the state’s commitment to employee welfare. Allevity is here to help you navigate these changes seamlessly. Stay informed, stay compliant, and continue to foster a supportive work environment. Got questions? We’re here to help. Reach out to us and let’s talk!

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