Reproductive Loss Leave Rights Explained

Expecting a child is often one of the greatest joys in life – and the loss of a child is one of the most catastrophic. Reproductive loss can be so emotionally devastating that it makes it hard to perform even simple tasks; working a full shift at a job can seem impossible. Fortunately, the State of California now protects workers’ reproductive rights and gives workers the right to take time off to grieve.

What is reproductive loss?

A reproductive loss, also known as reproductive grief, is the potential emotional response to an unsuccessful attempt to have a child or grow one’s family.

Under the new California law, a reproductive loss can include:

• Miscarriage
• Stillbirth
• Failed adoption, such as the birth mother or legal guardian changing their mind or if something else falls through with the adoption
• Unsuccessful assisted reproduction, which may involve a failed insemination or unsuccessful embryo transfer
• Failed surrogacy, such as the surrogate breaching the contract or the embryo transfer fails

5 Important Facts about California’s Reproductive Loss Leave

• Private Employers Must Grant At Least 5 Days’ Leave, While Public Employers Must Grant Up To 5 Days

The employee may take the five days consecutively and all at once or they may stretch them out over the course of three months following the loss. The law limits this type of leave to 20 days in a single year, which is significant for families who experience more than one loss in a year.

2. It Leave May Differ When Other Policies Are In Place

If an employer already has a reproductive loss leave policy in place, the worker must adhere to that policy.

It is separate from other types of leave the employee may be entitled to. It may be in addition to other types of leave, such as leave to care for a sick family member or one’s own medical problem or that of a family member, or leave for disabilities related to pregnancy or childbirth. If a worker is taking another type of leave when they experience a loss, they can take reproductive loss leave within 3 months of finishing the other type of leave.

3. Pay Is Not Guaranteed During Reproductive Loss Leave

Some employers have paid reproductive leave policies. Those that do not must allow employees to use sick days, vacation time, personal days, or paid time off to help workers cover their expenses. Otherwise, reproductive loss leave may be unpaid.

4. Men Are Eligible For Reproductive Loss Leave

Men are also eligible for leave if they’ve lost a child. This applies whether or not the man was supposed to be a new father or is already a father.

5. Some Workers Are Not Eligible

The new law applies to businesses with five or more employees, and only to workers who have been employed with the company for at least 30 days.

Were You Denied Reproductive Loss Leave? Contact Your California Employment Attorneys At D.Law!

Losing an opportunity to grow your family can cause significant emotional trauma for family members; California employment law requires employers to grant time off after a loss. If you were denied reproductive loss leave, contact or call D.Law. Our employment attorneys can help you exercise your rights as a worker in the Bay Area, San Diego, Fresno, Los Angeles, and other California cities. Contact us at (818) 275-5799.