New 2024 California Reproductive Loss Leave…Other States take note.
On January 1, 2024, the new California law kicks in which provides employees with 5 days of unpaid protected time off in the event of a miscarriage or other reproductive loss.
California SB848 requires both private and public employers with 5 or more workers, to allow employees to request time off if they’ve suffered a reproductive loss. The measure stipulates that the leave doesn’t need to be taken consecutively and can be taken within 3 months of the loss event.
Reproductive loss is defined in California as a failed adoption, failed surrogacy, miscarriage, stillbirth or an unsuccessful assisted reproduction.
“Everyone’s been touched by either miscarriage or a loss of trying to become a family” said California Senator Susan Rubio who helped pass the bill. “We have a lot of LGBTQ couples who are trying to adopt. We have a lot of non-traditional families that are trying to become a family, so really this affects everyone”, the senator said.
Jen Stark, Co-Director of the Center for Business and Social Justice at BSR states “this law comes down to fundamentally treating workers with dignity and respect” and highlights how complicated an individual employee’s healthcare journey may be. Stark goes on to say that “This is a complex experience that largely affects women in the workforce, (they make up half the workforce), and we just need a set of benefits to adapt to that, without having to name every individual experience that folks might encounter”.
Employers and HR Teams in California should be reexamining their leave policies now, but HR pros across the US can go the extra mile and provide a generous and broad leave policy to encompass a whole host of reasons employees might need time away from the work to address their healthcare needs. “Workplace policy should be crafted in an accessible, inclusive way that provides workers with attractive benefits so that they can be productive and workplace-ready and healthy” says Stark.
“We are trying to protect a worker’s right to come back to work without retaliation,” Rubio said. “So I hope that families that are grieving now can stay home and really take care of themselves before they come back to work”.
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