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Starting in 2024, employees in California 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 kinds of losses weren’t covered. The leave beginning 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 doesn’t have to take all five days together, and they can take more than one reproductive loss leave during the year. They’re limited to a total of 20 days of this leave per 12 months. The new law goes into effect for employers that have more than five employees, and for employees who’ve been with the company for at least 30 days before the loss occurs.

Since this new law has to do with reproductive loss, which isn’t the same as pregnancy disability, men are also eligible for it. Some employees may choose to take their vacation days or PTO instead, since the loss leave days are unpaid, but this provides an additional area of support and an increased number of days for employees to use when they experience a reproductive loss.

It’s very important for employers to update their handbooks and leave policies, to ensure that they’re complying with the new law and employees know about it. Management and human resources professionals should also get additional training on how to handle this sensitive topic. Losing a pregnancy, or experiencing any other kind of reproductive loss, can be traumatic, painful, and difficult. It’s extremely important to handle the issue tactfully and with sympathy.

There should never be any retaliation, discrimination, or other mistreatment for any employees who request this leave as they try to grow their families. Employees who request this leave should also know and understand their rights, to help ensure that they’re treated fairly by the companies they work for. If a company isn’t sure whether it qualifies under this new law, or whether an employee does, seeking guidance is the right choice to protect everyone involved.

If you are considering starting or growing your family via assisted reproductive technology, our team of experts will carefully listen to you and tailor a comprehensive family-building plan to your specific wishes and needs. After a review of your assisted reproduction needs, we will draft any requisite contracts, provide you with a thorough legal consultation to explain the contract terms, and finalize your parental rights, if necessary. Contact us today to schedule a consultation!