California Introduces Reproductive Loss Leave Bill: A Step Towards Support

In a significant move, the state of California has taken a major step towards supporting its employees during a challenging and emotional time. The recently introduced Reproductive Loss Leave Bill (Senate Bill 848) aims to provide eligible employees with up to 5 days of leave following a reproductive loss event. Reproductive Loss, as defined in this bill, includes miscarriages, stillbirths, failed surrogacies, failed adoptions, or unsuccessful assisted reproduction.

Under this legislation, eligible employees can take up to 5 days of leave to cope with the emotional and physical challenges that come with such a loss. Employees are allowed to take these days non-consecutively, providing them with the freedom to use the time when they need it most. However, the Reproductive Loss Leave Bill requires that the leave be taken within three months of the event, unless other leave entitlements apply. Notably, the legislation does not mandate that these days off must be paid. However, it does require that employees are allowed to use their paid sick time.

California is not the first state to recognize the need for reproductive loss leave. In 2022, Illinois became the first state to enact similar legislation, setting a precedent for other states to follow. The Support Through Loss Act is an amendment to the Child Bereavement Leave Act that expands leave time requirements to cover reproductive loss. Employers in the state must provide two weeks of unpaid leave for employees who have experienced reproductive loss. Utah also offers pregnancy loss leave for its state and local government employees, indicating a growing recognition of the importance of supporting individuals during such challenging times.

If your state does not specifically address reproductive loss, you can explore other avenues that might be available to you, such as FMLA or the Pregnant Workers Fairness Act (PWFA). The FMLA grants eligible workers unpaid leave for serious health conditions, including pregnancy loss. Under the PWFA, eligible workers may also have the right to job-protected, unpaid leave as a reasonable accommodation, provided it doesn't create undue hardship for your employer.

The introduction of the Reproductive Loss Leave Bill in California sends a powerful message that reproductive loss is a valid reason for taking time off, and it normalizes the grieving process. This recognition and support are critical in reducing the stigma around reproductive loss and promoting open and honest conversations about these challenging experiences. As other states consider similar legislation, it's a hopeful sign that society is becoming more aware of the importance of supporting those who experience reproductive loss.