Employees who have suffered a pregnancy loss are now entitled to 5 days off thanks to a new California law.

In California, a law allowing parents who have suffered a miscarriage to take time off work has come into force.

This new California law will give parents who suffer reproductive losses, such as miscarriages and unborn babies, the right to take time off work. This leave would be provided by Senate Bill 848, an amendment to the California Fair Employment and Housing Act.

According to this law, employees who experience a pregnancy loss can take up to five days off work after the event.

Pregnancy loss leave is unpaid, meaning that employers are not obliged to pay employees who take this leave. However, employees can use some paid leave, including sick leave, within this scope.

If an employee experiences pregnancy loss more than once within a 12-month period, the employer is not obliged to provide more than 20 days of leave in total within 12 months.

In addition, by law, pregnancy loss leave must be taken within three months of the incident.

The employer is required to keep this information confidential about the employee taking reproductive loss leave.

SB 848 was signed by Governor Gavin Newsom on October 11, 2023 and went into effect on January 1, 2024. The law covers miscarriage and loss of unborn babies, as well as pregnancy losses such as failed adoption, failed surrogacy, failed artificial insemination or embryo transfer. Thanks to the law, parents in such situations will be able to take leave from their workplace.

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