As a California employer, it can be a challenge to keep up with the ever-changing state laws related to wages, contracts, discrimination, harassment and leaves. For example, one new law that took effect at the beginning of this year requires employers to give employees up to five days off work if they have suffered a “reproductive loss.”
What does “reproductive loss” mean under the law? It includes miscarriages and stillbirths, which are how people often think of reproductive loss. However, it also includes failed attempts to adopt a child, have one using a surrogate and unsuccessful reproductive technology procedures such as in vitro fertilization (IVF).
Both prospective parents qualify for this leave, which they must take within three months after the loss. The law also states that employers cannot discriminate or retaliate against employees who seek this leave. needs to be taken within three months of the loss. It’s available to both people who would have been parents.
Employers aren’t required under the law to pay employees for the days they take off for reproductive leave. However, the law states that employees can use “certain other leave balances otherwise available to the employee, including accrued and available paid sick leave.”
Other employer responsibilities to those using this leave
As a responsible employer, it’s important to do more than simply ensure that you and your management team is complying with the law. It’s crucial to protect your employees’ privacy.
It’s also important to understand that while some people may not consider failed IVF, an adoption that doesn’t work out or even a surrogate who changes her mind at the last minute a “loss.” However, all these events can be heartbreaking for those who are trying to have a child in whatever way they’re able to.
If you have questions or concerns about complying with the law, it’s a good idea to get legal guidance. This can help you avoid unnecessary employment issues down the road.