CA SB848

Employers with five or more employees or all state and local government entities must grant eligible employees up to 5 days of reproductive loss leave following a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction.

Employees must take reproductive loss leave within 3 months of the event, except when combined with other qualifying leave, and can use nonconsecutive days; maximum of 20 days per 12-month period if multiple events occur.

Reproductive loss leave may be unpaid in the absence of an existing leave policy, but employees may use accrued vacation, personal leave, sick leave, or compensatory time otherwise available to them.

Employers are prohibited from retaliating against employees for using reproductive loss leave or providing information about such leave in legal proceedings, and must maintain confidentiality of leave-related information.

Effective October 10, 2023.