Hey Compliance Warriors,
Reproductive loss is a devastating and traumatic experience that affects millions of people every year. According to the American College of Obstetricians and Gynecologists, about 10% of all pregnancies end in miscarriage, and about 1% end in stillbirth. Moreover, many people struggle with infertility, failed adoption, failed surrogacy, or unsuccessful assisted reproduction.
Reproductive loss can have a significant impact on the physical, emotional, and mental health of the individuals and couples who experience it. They may suffer from grief, depression, anxiety, guilt, anger, isolation, or post-traumatic stress disorder. They may also face medical complications, such as bleeding, infection, or hormonal imbalance.
Reproductive loss can also affect the work performance and productivity of the employees who experience it. They may need time off to cope with their loss, seek medical care, or pursue other reproductive options. They may also face discrimination, stigma, or lack of support from their employers or coworkers.
Therefore, it is important for employers to provide reproductive loss leave to their employees who experience any form of reproductive loss. Reproductive loss leave is a type of leave that allows employees to take time off work without losing their job or benefits due to a reproductive loss event.
California is one of the few states that have enacted a reproductive loss leave law. The law went into effect on January 1, 2023, and applies to employers with five or more workers and also includes local government.
The law grants eligible employees up to five days of unpaid leave per year for any of the following reasons:
- Failed adoption
- Failed surrogacy
- Miscarriage
- Stillbirth
- Unsuccessful assisted reproduction
To be eligible for the leave, employees must have worked for the employer for at least 30 days prior to taking the leave.
Employees do not need to take the five days consecutively, but they must use them within three months of the event. Employees are not required to provide documentation for reproductive loss leave.
While the leave is unpaid, employees can use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available.
The law also prohibits employers from discriminating or retaliating against employees who request or take reproductive loss leave.
Reproductive loss is a common and painful experience that affects many employees and their families. Employers should recognize the importance of providing reproductive loss leave to their employees who experience any form of reproductive loss. Reproductive loss leave can help employees cope with their loss, seek medical care, or pursue other reproductive options. It can also benefit employers by reducing turnover, absenteeism, and litigation costs, and by increasing employee loyalty, morale, and productivity.
Employers should review their current leave policies and practices and ensure that they comply with the applicable laws and regulations. Employers should also consider providing additional leave or other resources to their employees who experience reproductive loss. Employers should also communicate their leave policies and procedures clearly and sensitively to their employees and managers, and provide training and support to foster a culture of respect and compassion in the workplace.
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