CA Unpaid Reproduction Loss Leave


Hi, here’s your HR quickie for today, December 22, 2023.

Effective January 1st, California has created a new type of leave protection for employees who have experienced a reproductive loss event.

Now while we do have mandated bereavement leave, it doesn’t address a reproductive loss event – such as miscarriage, stillbirth, failed adoption, failed surrogacy or an unsuccessful assisted reproduction procedure.  Well, this new law addresses these situations.

This new leave applies to California employers with 5 or more employees  And the employee have to have been employed for a minimum of 30 days.

An employee can take up to five days following a reproductive loss event.  And if they have more than one event in a 12 month period, they can take up to 20 days reproductive loss leave within the 12 month period.

The leave has to be taken within 3 months of the loss, and it doesn’t need to be taken in consecutive days.

Now, if you don’t already have a leave policy that would apply, then the reproductive loss leave may be unpaid.  But, the employee could also choose to use vacation, personal leave, sick leave or any other type of paid leave available

You’ll need to update your handbook, and train your managers.  But, be sure to check in with your HR pro or labor counsel before you edit your policies.

And that’s your HR quickie, for today, December 22, 2023.

If you have questions, or just need some help – and you’re one of our valued clients, well – just reach out to your HR Business Partner.

And if you’re not currently a client?  Well, get in touch.  We would love to become part of your HR journey.

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