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Reproductive Loss Paid Leave under SB 848 Now Passed in CA

Posted by Sara Cooper | Nov 01, 2023 | 0 Comments

California has set it off they will be providing protective leave for miscarriage, stillbirth, and other types of loss.

SB 848 will require that employers will need to give their workers five days of leave that are experiencing “reproductive loss.” Reproductive loss includes: miscarriage, stillbirth, unsuccessful surrogacy, adoption, or IVF. Employees are not required to get paid, but they cannot be penalized for having time off.

Illinois was the first state in the country to have approved this protected time off, California is second.

Joy C. Rosenquist, an attorney at Littler Mendelson PC in Sacramento, had told Bloomberg in an article that other states will soon to follow. “Now that California has passed this law and put in place a framework, I do think other states are going to pick up the framework and adopt it,” said Rosenquist.

Studies have revealed that pregnant individuals are more prone to PTSD after pregnancy loss, truly showing how crucial time away from work is when enduring traumatic loss.

According to Bloomberg, “Other leave options could be available under the Pregnant Workers Fairness Act or medical leave laws but having a law that is specific to loss is important because it takes into account the different reproductive-related losses. The California reproductive loss leave bill also states that the employee should be allowed to use up to 20 days of loss leave per calendar year, if they experience multiple losses, and they can be nonconsecutive days.”

Sherry Leiwant, co-founder and co-president of A Better Balance, a policy group that advocates for paid leave laws and other worker protections, also spoke with Bloomberg in an article and said, “People have different ways of having children, and whenever there is a failure people should have leave to take care of that.”

The new law will go into effect in the new year, starting January 1, 2024.

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