Reproductive Loss

Reproductive Loss

Senate Bill (SB) 848 (Chapter 724) requires employers (with five or more employees) to provide eligible employees with up to five days unpaid leave for a reproductive related loss. This leave is separate from other leaves offered to employees for their serious illness or to care for a family member with a serious illness.

Beginning January 1, 2024, it is also unlawful for an employer to refuse to grant an eligible employee’s request to take up to five days of reproductive loss leave following a reproductive loss event. If an employee experienced multiple reproductive loss events within a 12-month period, an employer shall not be obligated to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period (i.e., employee experiences four reproductive loss events with a maximum of five days reproductive loss leave totaling 20 days). 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

  • Unsuccessful assisted reproduction

The employee is required to complete the leave within three months of the reproductive loss event. Some reproductive loss events, such as miscarriages and stillbirths, may also be covered by bereavement leave, the days an employee takes for reproductive loss leave can be nonconsecutive.

Information


Employees who have been employed by the CSU, the state of California, or any political or civil subdivision of the state, including cities and countries, for at least 30 days before leave, are eligible to take a reproductive loss leave.

Reproductive loss leave (RLL) may be unpaid; however, an employee shall be allowed to use accrued and available vacation, personal holiday, sick leave, or compensatory me off (CTO). In addition to RLL, an employee experiencing a reproductive loss event due to either miscarriage or stillbirth, is eligible for paid bereavement leave

RLL should be requested internally through your department.

  • Select the appropriate Absence Type and specify the date(s) of the leave. Then click on the "Add Comment" link.

  • In the Absence Events Comments box, include the date of the reproductive loss event, followed by either “RLL–FML” or “RLL–NonFML,” as directed by your campus leave coordinator. Click “Save Comments.”

If your request extends beyond five days and may fall under CSU Family Medical Leave (FML), please submit an inquiry to receive guidance on the next steps.

The days may be taken nonconsecutively but must be completed within three months of the reproductive loss event.