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California’s New Leave for Reproductive Loss: Navigating SB 848 and Your Rights

california reproductive loss lawsOn October 10th, 2023, California Governor Gavin Newsom signed Senate Bill 848 (SB 848) into law, granting employees statewide access to paid leave following a reproductive loss. The law went into effect on January 1, 2024. This landmark legislation offers crucial support and recognition for individuals experiencing the emotional and physical challenges often associated with miscarriage, unsuccessful assisted reproduction, or failed adoption. As employment law specialists, Matern Law Group is committed to ensuring you understand your rights and navigate the provisions of SB 848 effectively.[1]

What Does SB 848 Offer?

  • Up to 5 days of paid leave:Eligible employees can take up to five days (40 hours) of paid leave following a qualifying reproductive loss event. This leave is separate from existing sick leave or vacation time and must be utilized within three months of the event.
  • Broader coverage:The law protects both full-time and part-time employees who have worked for the same employer for at least 30 days within a year and completed a 90-day employment period before taking leave.
  • Protection from retaliation: Employers are prohibited from retaliating against employees for exercising their right to reproductive loss leave under SB 848.

Understanding the Details:

  • Where it applies: This law applies to California employers with five or more employees.
  • Qualifying events:Covered events include miscarriage, unsuccessful assisted reproduction, and failed adoption. The law provides clear definitions for each event to ensure consistent application of reproductive loss leave.
  • Accrual and carryover:Employers cannot limit accrual to less than one hour per 30 hours worked and can only cap carryover at five days (40 hours).
  • Notification requirements:Employers must provide written notice to employees about their accrued reproductive loss leave and applicable policies.

How Matern Law Group Can Help:

Navigating new legislation can be complex. Matern Law Group’s experienced attorneys can assist you with:

  • Understanding your eligibility and leave entitlements under SB 848.
  • Advising you on your rights and how to request leave from your employer.
  • Representing you if you experience any discrimination or retaliation for taking leave.

SB 848 is a significant step towards recognizing and supporting the challenges individuals face after a reproductive loss. By understanding your rights and seeking legal assistance if needed, you can access the leave you deserve and navigate this sensitive period with dignity and support. Contact Matern Law Group for a free consultation at 855-913-1134.



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