California’s New Reproductive Loss Leave Law

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On October 11, 2023, Governor Gavin Newsom signed SB 848, which takes effect on January 1, 2024. SB 848 grants leaves of absence for reproductive-related losses and deems it an unlawful employment practice for employers to deny an eligible employee’s request for up to five (5) days of leave following a reproductive loss event (defined below).

A “reproductive loss event” is defined as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.”

For multiple reproductive loss events, SB 848 imposes a maximum limit of 20 days for reproductive loss leave within a 12-month period. This leave is to be taken within 3 months of the event. The reproductive loss leave may be unpaid. However, employees have the right to utilize other available leave balances, such as accrued and available paid sick leave.

SB 848 prohibits employers from retaliating against any employee who requests or takes leave for a reproductive loss.  Additionally, the law requires employers to maintain employee confidentiality relating to reproductive loss leave.

For more information on SB 848 and steps you can take for compliance, please contact us at

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.