California Leave Enhancement

California Leave Enhancement

Paid Sick Leave

On October 4, 2023, Governor Gavin Newsom signed amendments to the Healthy Families, Healthy Workplaces Act. The amendments expand the number of paid sick days from three days to five days or from 24 hours to 40 hours beginning January 1, 2024.For background, see prior Benefit Beat article here.

Employers may continue providing paid sick leave at one hour for every thirty hours worked, so long as an employee has accrued 40 hours (5 days) by the end of the 200th calendar day of employment. Employers may also continue to frontload the entire paid sick leave amount.

Employers may limit an employee’s annual use of paid sick leave from 24 to 40 hours. Employers may also cap paid sick leave accrual at 80 hours (10 days). Currently, employers may limit paid sick leave accrual to 48 hours (6 days).

Reproductive Loss Leave

Governor Newsom recently signed into law SB 848 which permits eligible employees to take up to five days of unpaid leave following a reproductive loss event. Reproductive loss event means the last day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

The law takes effect January 1, 2024, and applies to employers employing 5 or more employees, including the state and local government. An employee is eligible to take reproductive loss leave after he/she has been employed by an employer for at least 30 days prior to the commencement of leave.

If an employee experiences more than one reproductive loss event within a 12-month period, an employer is only required to grant the employee with a maximum of 20 days of reproductive loss leave within a 12-month period. An employee must be allowed to use any available paid sick leave, paid time off or vacation that is otherwise available while on reproductive loss leave.

Employers cannot require employees to take all five days of reproductive loss leave consecutively, but employees can be required to complete reproductive loss leave within three months of the date of the reproductive loss event. If, however, an individual is receiving leave under the California Family Rights Act, the Family and Medical Leave Act, Pregnancy Disability Leave Law or any other state or federal leave-entitlement law, then the 3-month period would be measured from the date that other leave ends.

Employers are required to maintain confidentiality of employees requesting reproductive loss leave, and any information provided by an employee in connection with the leave must be maintained as confidential.

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

California Leave Enhancement Loss.jpg?ver=UioucibXXY2znMjk2Ky6oA%3d%3dCalifornia amends its paid sick leave law and requires unpaid leave for a reproductive loss event beginning January 1, 2024.2023-11-07T20:00:00-05:00California amends its paid sick leave law and requires unpaid leave for a reproductive loss event beginning January 1, 2024.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo