California Expands Bereavement Leave to Cover Reproductive Loss

What Changed

California Governor Gavin Newsom signed Senate Bill 848 (SB 848), expanding the state's existing bereavement leave protections to include leave for reproductive loss. Under the new law, employees who experience a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction are entitled to up to five days of unpaid, protected leave per event.

The law caps total reproductive loss leave at 20 days per year, regardless of the number of qualifying events. This leave is in addition to existing bereavement leave protections under AB 1949, which provides up to five days of unpaid leave following the death of a family member.

Who Is Affected

This law applies to all employers with five or more employees in California. All employees — full-time, part-time, and temporary — are eligible for this leave, provided they have been employed for at least 30 days prior to the start of leave. There are no exemptions based on industry or employer size above the five-employee threshold.

Where It Applies

California statewide. This applies to any employee performing work in California, regardless of where the employer is headquartered.

When It Takes Effect

January 1, 2024. Employers should have policies in place by this date.

Why It Matters

Reproductive loss is a deeply personal experience that has historically received little formal recognition in employment law. California is among the first states to create explicit leave protections for these events. Employers who deny this leave or retaliate against employees who take it could face claims under the California Fair Employment and Housing Act (FEHA), including potential damages, attorney's fees, and injunctive relief.

This law also reflects a broader legislative trend toward expanding leave protections beyond traditional definitions of bereavement.

The Humareso Take

This is a compassionate and overdue addition to California's leave landscape. Reproductive loss affects more employees than most employers realize, and having a clear policy shows your team that you take their well-being seriously. We recommend treating this not just as a compliance obligation but as an opportunity to reinforce your organization's commitment to supporting employees through difficult personal experiences. Update your handbook, communicate the change, and make sure managers know how to handle these requests with sensitivity.

Recommended Action Steps

1. Update your employee handbook to include reproductive loss as a qualifying event for bereavement leave, specifying the five-day entitlement per event and 20-day annual cap.

2. Train managers and HR staff on the new leave entitlement, emphasizing confidentiality and sensitivity when employees request this leave.

3. Review your leave tracking systems to ensure reproductive loss leave can be recorded separately from other bereavement leave.

4. Communicate the new benefit to all California-based employees before January 1, 2024.

5. Contact your Humareso representative to review your California leave policies and ensure full compliance with SB 848 and related leave laws.