Senate Bill (SB) 848, scheduled to go into effect on January 1, 2024, requires employers with 5 or more employees to provide employees who have worked for at least 30 days with up to five days of reproductive loss leave.
Under the new law, it is unlawful for a covered employer to refuse to grant a covered employee with five days of leave following a reproductive loss. As defined by SB 848, a “reproductive loss” includes a miscarriage, failed surrogacy, stillbirth, unsuccessful “assisted reproduction” (such as artificial insemination or embryo transfer), or failed adoption. In the event an employee suffers more than one reproductive loss within a 12-month period, his/her employer is not obligated to grant a total amount of leave in excess of 20 days within 12 months.
