California has become the second state with a law that explicitly grants reproductive loss leave for private sector workers. Illinois enacted a similar measure last year and Utah and some cities have similar time-off policies for state or local government employees. Some employers also have announced such leave policies. The new law, which takes effect Jan. 1, 2024, will require businesses to grant employees up to five days off following a reproductive loss, which includes a miscarriage or stillbirth or a failed adoption, in-vitro fertilization, or surrogacy. It doesn’t require that the leave be paid but does ban employers from retaliating against workers who take the time off. California last year also became one of a few states to require private sector employers to grant bereavement leave for employees when a family member dies.

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