Beginning in 2024, California employees will have the opportunity to take reproductive loss leave if they experience a stillbirth, miscarriage, failed adoption, failed IVF cycle, or failed surrogacy. In the past, these types of losses were not covered. The leave starting in January is unpaid, but an employee can take up to five days of leave within three months after the qualifying loss event.
Additionally, the employee does not have to take all five days, and they can take more than one reproductive loss leave throughout the year. They are limited to a total of 20 days of this vacation per 12 months. The new law will take effect for employers with more than five employees, and for employees who have been with the company for at least 30 days before the loss occurred.
Because this new law deals with reproductive loss, which is not the same as pregnancy disability, men are also eligible for it. Some employees may choose to take their vacation days or PTO instead, because the days of lost leave are not paid, but it provides an additional layer of support and more days that employees can use when they experience of reproductive loss.
It is very important for employers to update their handbooks and leave policies, to ensure that they comply with the new law and that employees are aware of it. Management and human resources professionals should also receive additional training on how to handle this sensitive topic. Losing a pregnancy, or experiencing any other type of reproductive loss, can be traumatic, painful, and difficult. It is very important to handle the issue tactfully and sympathetically.
There should not be any retaliation, discrimination, or other mistreatment for any employee who requests this leave while they are trying to raise their families. Employees requesting this leave should also know and understand their rights, to help ensure they are treated fairly by the companies they work for. If a company is unsure whether it qualifies under this new law, or whether an employee qualifies, seeking guidance is the right choice to protect everyone involved.
If you are considering starting or growing your family through assisted reproductive technology, our team of experts will listen to you carefully and tailor a comprehensive family planning plan to your specific wants and needs. After evaluating your assisted reproduction needs, we will draft any necessary contracts, provide you with a thorough legal consultation to explain the terms of the contract, and finalize your parental rights, if necessary. Contact us today to schedule a consultation!
