Gavin Newsom signs bill detailing employers’ responsibility to accommodate workers’ leave in case of loss of pregnancy
California Governor Gavin Newsom has signed legislation that gives workers five days of leave in case of loss of pregnancy.
Newsome, on Tuesday, signed Senate Bill 848 by Senator Susan Rubio (D-Baldwin Park). Under the new law, it is unlawful for an employer to refuse to grant a request by an eligible employee to take up to five days of reproductive loss leave in the three months following a reproductive loss event.
Should a worker experience more than one case of miscarriage in a given 12-month period, the employer must grant workers as much as 20 days of pregnancy loss leave. Employers are not required to give employees additional time off for miscarriage beyond that.
Also, while the reproductive loss leave may be unpaid, an employee can use certain other leave balances that are otherwise available to the employee, including accrued and available paid sick leave.
“The bill would make leave under these provisions a separate and distinct right from any right under the California Fair Employment and Housing Act,” read part of the legislative counsel’s digest of the bill.
Several employers have previously provided paid miscarriage leave for workers.
SB-848 also makes it unlawful for an employer to “retaliate” against a worker because of the individual’s exercise of the right to reproductive loss leave or “the individual’s giving of information or testimony as to reproductive loss leave”.
The law also requires the employer to maintain employee confidentiality relating to reproductive loss leave.
Previously, Newsom signed SB-616 forwarded by Senator Lena Gonzales (D-Long Beach), which increases workers’ current three paid sick days to five.
Assembly Bill 1949 also came into effect in California this year, giving workers who have been with the company for at least 30 days up to five days of bereavement leave for a family member.
Here’s who is considered immediate family for bereavement leave.