Starting from January 1, on the heels of a new legal amendment, employers in California are mandated to offer leave for workers who experience reproductive loss. California Governor Gavin Newsom signed into law SB 848 on October 10, 2023, according to an announcement by law company Perkins Coie. Here is the detailed legal analysis.
The new legislation extends California’s Fair Employment and Housing Act (FEHA) protection for employees reeling from a reproductive loss. It brings an innovative twist to the employer-employee dynamic in the state. Under the previous legal framework, it was deemed unlawful not to approve a five-day bereavement leave after an employee loses a close family member.
The fresh legal amendment, SB 848, increases the scope of the FEHA’s safety nets. It is now deemed an “unlawful employment practice for an employer” not to provide protected leave for cases of reproductive loss. The bill doesn’t necessarily specify the length of this new leave but it marks an important legislative shift.
For the multitude of multinational corporations and leading law firms operating in California, the passage of SB 848 signifies a need for a comprehensive re-evaluation of their existing leave policies. This helps ensure full compliance with this novel piece of legislation. As such, employers in the region are urged to keenly observe and implement the provisions of this fresh legislation.
Finally, while this law takes effect in California, its impact could resonate far beyond the state’s borders. Other regions across the U.S., and possibly globally, looking towards established best practice might potentially adopt similar employee-friendly measures. Hence, it might be prudent for corporations with a broad geographical footprint to also incorporate this into their legal analysis.