Previously, existing law was ambiguous regarding the inclusion of reproductive loss under bereavement leave. A newly enacted bill, effective January 1, 2024, now permits eligible employees to take a leave of absence following a "reproductive loss event." We would like to clarify that bereavement leave at Los Rios includes reproductive loss following a "reproductive loss event."
What Qualifies as a "Reproductive Loss Event"?
SB 848 broadly defines what qualifies as a "reproductive loss event." The definition includes "miscarriage, unsuccessful assisted reproduction, failed adoption, failed surrogacy, or stillbirth."
- An "unsuccessful assisted reproduction" includes "method[s] of achieving a pregnancy through an artificial insemination or an embryo transfer," but does not include an attempt to become pregnant through sexual intercourse.
- A "failed adoption" includes "the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party."
- A "failed surrogacy" includes both the "dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate."
- A "miscarriage" includes not only a miscarriage suffered by the employee or the employee's spouse or registered domestic partner, but also a miscarriage suffered "by another individual if the person would have been a parent of a child born as a result of the pregnancy" – it would therefore appear, for example, that a miscarriage suffered by a surrogate after an initially successful embryo transfer would qualify as a reproductive loss event for the intended parent(s).
Furthermore, we emphasize that each regular employee is entitled to up to five days of bereavement leave, of which a portion is covered by a separate paid bereavement leave category, as defined in the relevant collective bargaining agreement. Days beyond the paid bereavement leave can be supplemented by using available vacation, personal business, personal necessity, sick leave or opting for unpaid leave. Bereavement may be taken on nonconsecutive days.
As an illustration, the LRCEA's collective bargaining agreement ensures that every regular employee receives paid bereavement leave. Their paid leave is capped at three days, extending to five days if the circumstances involve out-of-state travel. An extra day can be taken for in-state travel exceeding 350 miles one way from Sacramento. If an employee qualifies for three days of paid bereavement leave in this category, they have the option to take an extra two days using available vacation, personal business, personal necessity, sick leave or opt for unpaid leave.
These clarifications will be reflected in the collective bargaining agreements, as applicable, during the next negotiation cycle.
Los Rios has received inquiries on the impact of the recent Roe v. Wade decision by the Supreme Court on abortion access. There is no change in the State of California, and it is a covered benefit in the fully insured contracts.