California Pioneers Reproductive Loss Leave: A Deep-Dive into Senate Bill 848 and Its Expected Impact on Employment Law

The state of California has implemented a groundbreaking law, effective January 1, 2024, requiring employers with five or more employees to provide eligible employees with up to five days of leave following a reproductive loss. This law recognizes the need for compassionate policies to support employees during difficult times and offers important protections for those who have experienced failed adoption, failed surrogacy, miscarriage, stillbirth, and unsuccessful assisted reproduction. Employers must understand and comply with this new requirement while remaining attentive to the evolving landscape of bereavement leave.

Scope of the Law

The law, known as S.B. 848, applies to employers that employ five or more individuals to perform services for a wage or salary, encompassing both private and public employers throughout the state of California. No distinction is made between full-time, part-time, or contracted workers, ensuring that all affected employees are eligible for reproductive loss leave.

Eligibility for Reproductive Loss Leave

To be eligible for reproductive loss leave, an employee must have worked for the employer for at least 30 days before the start of the leave. This criterion ensures that employees have established a certain degree of commitment to their current employers, thereby preventing potential abuse.

Covered Reproductive Loss Events

The reproductive loss events covered under the law include failed adoption, failed surrogacy, miscarriage, stillbirth, and unsuccessful assisted reproduction. By recognizing and acknowledging these sensitive events, the law aims to provide support and understanding to employees facing such challenges.

Rights of Eligible Employees

With the enactment of this law, eligible employees now have the right to request and be granted up to five days of reproductive loss leave. This leave can be taken non-consecutively, ensuring flexibility for employees who may need intermittent time off to cope with their loss. Furthermore, the law allows employees to request leave for multiple reproductive loss events within a single year, emphasizing the significance of ongoing support during difficult times.

Employer Obligations

Under S.B. 848, qualifying employers are legally obligated to grant an eligible employee’s request for reproductive loss leave. However, it is important to note that the law does not mandate employers to establish an affirmative reproductive loss leave policy, nor does it require the leave to be paid. Employers should evaluate their existing leave policies and consider implementing supportive procedures that align with the new law.

Protection against Retaliation

The new law offers essential protection against retaliation. Employers are strictly prohibited from retaliating against an employee for exercising their right to take leave or for providing information or testimony regarding their own or another employee’s reproductive loss leave. This provision ensures a safe and supportive work environment for individuals coping with reproductive loss.

Evolving Landscape and the Need for Awareness

As with any legislative change, it is crucial for employers to remain proactive and stay informed about guidance, opinions, and other informative resources released concerning this significant new right to leave. Remaining educated and adaptable in response to evolving legal interpretations and expectations will help employers navigate these sensitive situations and provide the necessary support for their employees.

California’s new law on reproductive loss leave marks a significant step toward recognizing and supporting individuals facing difficult challenges in their personal lives. Employers must promptly prepare to comply with the new requirements, ensuring they provide eligible employees with up to five days of leave following a reproductive loss. By adopting compassionate and supportive policies, employers can create a work environment that empathizes with and assists employees during these grievous times. Let us embrace this opportunity to foster a culture of empathy, understanding, and compassion within our organizations.

Explore more

Is Your Architecture Ready for Agentic AI?

The most significant advancements in artificial intelligence are no longer measured by the sheer scale of models but by the sophistication of the systems that empower them to act autonomously. While organizations have become adept at using AI to answer discrete questions, a new paradigm is emerging—one where AI doesn’t wait for a prompt but actively identifies and solves complex

How Will Data Engineering Mature by 2026?

The era of unchecked complexity and rapid tool adoption in data engineering is drawing to a decisive close, giving way to an urgent, industry-wide mandate for discipline, reliability, and sustainability. For years, the field prioritized novelty over stability, leading to a landscape littered with brittle pipelines and sprawling, disconnected technologies. Now, as businesses become critically dependent on data for core

Are Your Fairness Metrics Hiding the Best Talent?

Ling-Yi Tsai, our HRTech expert, brings decades of experience assisting organizations in driving change through technology. She specializes in HR analytics tools and the integration of technology across recruitment, onboarding, and talent management processes. With a reputation for challenging conventional wisdom, she argues that a fixation on diversity targets often obscures the systemic issues that truly hinder progress, advocating instead

UK Employers Brace for Rise in 2026 Workplace Disputes

With decades of experience helping organizations navigate change through technology, HRTech expert Ling-yi Tsai specializes in using analytics and integrated systems to manage the entire employee lifecycle. Today, she joins us to discuss the seismic shifts in UK employment law, a landscape currently defined by major legislative reform, escalating workplace conflict, and significant economic pressures. We will explore the practical

Bounti’s AI Platform Automates Real Estate Marketing

In a world where artificial intelligence is reshaping industries, MarTech expert Aisha Amaira stands at the forefront, decoding the complex interplay between technology, marketing, and the law. With a deep background in customer data platforms, she has a unique lens on how businesses can harness innovation responsibly. We sat down with her to explore the launch of Bounti, a new