We have previously discussed the rights of pregnant employees in California. These are essential for women who want or need to balance having a child and remaining in the workforce. The road to parenthood is not always smooth. It can involve setbacks and heartbreak.
That’s why California law also allows reproductive loss leave, which is available to prospective parents, regardless of gender, who have suffered this type of loss. The leave must be taken within three months after the loss. The state senator who spearheaded the law says it recognizes “the pain felt by the family, and it gives family time to grieve and try again.”
Who qualifies for this leave?
Under the law, an employee who has worked for an employer for at least 30 days may take up to five days of reproductive loss leave if they or their spouse or partner experience any of the following:
- Miscarriage
- Stillbirth of a child
- Failed adoption
- Failed surrogacy
- Unsuccessful reproductive technology procedure
Employers are not legally required to pay employees for this leave. However, they must allow employees to use “certain other leave balances otherwise available” to them, such sick leave, which may be paid leave. The law applies to all public employers and private employers with at least five employees.
Employees have a right to expect privacy and respect
People often choose not to talk about reproductive loss at work – especially if they didn’t tell co-workers they were trying to become a parent – through whatever means. The law includes language that requires employers to maintain employee confidentiality when providing this leave and prohibits any kind of retaliation for an employee who makes valid use of this leave.
It’s also important for employers to realize that any kind of reproductive loss, even if it involves someone backing out of an agreement as opposed to the death of a child, can be devastating for a would-be parent.
If you’ve been denied this leave or faced retaliation for taking it, it’s crucial to know and assert your legal rights. The attorneys at Schonbrun Seplow Harris Hoffman & Zeldes, LLP are available to provide experienced guidance. Call us at 310-396-0731 or contact us online.