California Reproductive Loss Leave Addendum (SB 848)
California Reproductive Loss Leave Addendum (SB 848) sets out who qualifies, how up to 5 days of leave can be used, what documentation may be requested, and how confidentiality and anti-retaliation are handled.
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Overview
This California Reproductive Loss Leave Addendum (SB 848) template defines how an employer handles leave requests tied to a qualifying reproductive loss event, including failed adoption, miscarriage, stillbirth, or an unsuccessful reproductive procedure. It is written as a policy addendum, so it can be attached to an existing handbook or leave policy without rewriting the rest of your leave framework.
Use this template when you need a California-specific rule set for eligibility, leave entitlement, request steps, documentation limits, confidentiality, and anti-retaliation protections. It is especially useful for HR teams that need a clear intake path and for managers who need a simple escalation rule when an employee raises a sensitive leave need. The template also helps align the leave process with payroll coding, attendance tracking, and internal approval routing.
Do not use this addendum as a substitute for broader leave policies that cover FMLA, ADA reasonable accommodation, pregnancy disability leave, paid sick leave, or other state-specific rights. It should also not be used as a generic bereavement policy, because the qualifying events and administration rules are different. If your workforce spans multiple states, California employees should be carved out explicitly so the addendum does not accidentally override other jurisdictions. The policy should be reviewed annually and updated whenever California leave guidance, handbook language, or internal workflow changes.
Standards & compliance context
- This addendum should be aligned with California SB 848 and should not narrow rights that may also arise under FMLA, ADA, Title VII, or California leave laws.
- If the facts also implicate pregnancy-related protections, disability accommodation, or protected medical leave, HR should evaluate overlap before making any decision.
- Confidentiality practices should mirror the privacy expectations used for medical information under ADA-related accommodation handling and any applicable state privacy rules.
- Anti-retaliation language should be consistent with EEOC enforcement principles and should prohibit interference with protected leave requests or related employment actions.
- Where attendance or discipline is involved, the policy should avoid counting protected leave as an absence under any documented warning or PIP process.
- California employees should be called out explicitly so the addendum does not conflict with other state paid sick leave or leave administration rules.
General regulatory context for orientation only — verify current requirements with counsel or the relevant agency before relying on this template for compliance.
What's inside this template
Purpose
Explains why the addendum exists and what California leave right it is meant to implement.
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This addendum explains how the Company administers California reproductive loss leave in compliance with California SB 848, effective January 1, 2024. The policy is intended to provide eligible California employees with protected time away from work after a qualifying reproductive loss event while preserving confidentiality and prohibiting retaliation.
Scope and Eligibility
Defines which employees, locations, and qualifying events are covered so the policy is applied consistently.
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This addendum applies to employees working in California and supplements the Company’s broader leave policies.
California employees: Eligible employees may take up to five (5) days of reproductive loss leave for each qualifying reproductive loss event, subject to the requirements of SB 848 and Company procedure.
This leave is separate from, and may run concurrently with where permitted, other leave entitlements such as FMLA, CFRA, PTO, sick leave, or bereavement leave, depending on the circumstances and applicable law.
Definitions
Clarifies the terms used in the addendum so HR and managers interpret the leave the same way.
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Qualifying event means a reproductive loss event, including failed adoption, failed surrogacy, miscarriage, stillbirth, unsuccessful assisted reproduction, or unsuccessful reproductive procedure.
Unpaid leave means time off that is not required to be paid by law, unless the employee elects or is permitted to use available paid leave.
Policy holder means the HR representative or leave administrator responsible for receiving, reviewing, and documenting leave requests.
Leave Entitlement and Use
Sets the amount of leave available, how it can be taken, and how it interacts with other leave banks.
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Eligible employees may take up to five (5) days of leave per qualifying reproductive loss event.
- Leave may be taken consecutively or intermittently.
- Leave may be taken within three (3) months of the qualifying event, unless a longer period is required by applicable law or approved through the interactive process.
- The Company will not require the employee to use all five days at once if the employee requests intermittent use.
- Employees may elect to use available accrued paid leave, PTO, or sick leave where permitted by law and Company policy.
- The Company will not interfere with, restrain, or deny the exercise of rights under this addendum.
Request Procedure and Documentation
Outlines the steps employees and HR follow to request leave and the minimum documentation rules.
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Employees should notify their manager or HR as soon as practicable when leave is needed. If advance notice is not possible, notice should be provided as soon as reasonably possible.
HR will engage in a good-faith, confidential interactive process to confirm leave eligibility, timing, and any scheduling needs.
The Company may request reasonable supporting documentation only to the extent permitted by law and only when necessary to administer the leave. Any documentation collected will be limited to what is necessary for leave administration and will be handled as confidential personnel information.
Confidentiality
Explains how sensitive leave information is stored, shared, and protected from unnecessary disclosure.
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Information regarding a reproductive loss event, leave request, or supporting documentation will be treated as confidential and shared only with individuals who have a legitimate business need to know, such as HR, leave administrators, or legal counsel.
The Company will maintain records in accordance with applicable privacy requirements, including California privacy obligations where applicable, and will not disclose the reason for leave beyond what is necessary to administer the request.
Anti-Retaliation and Non-Interference
Makes clear that employees cannot be punished, discouraged, or interrupted for using protected leave.
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The Company prohibits retaliation, discrimination, or interference against any employee who requests, uses, or is approved for reproductive loss leave, participates in an investigation, or raises a good-faith concern about this policy.
Adverse action based on the exercise of rights under this addendum may result in corrective action, up to and including termination, consistent with Company policy and applicable law.
Roles and Responsibilities
Assigns ownership for employees, managers, HR, and the policy holder so the process runs without gaps.
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Employees must provide notice when practicable and cooperate in the interactive process.
Managers must promptly route leave requests to HR and must not request medical or personal details beyond what is necessary.
HR / Policy holder must review requests, determine eligibility, maintain confidentiality, coordinate with other leave entitlements, and document approvals or denials.
Legal / Compliance should review edge cases, overlapping leave rights, and any jurisdiction-specific updates.
Compliance, Discipline, and Exceptions
Connects the addendum to legal requirements, attendance handling, and any approved exceptions.
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Violations of this addendum, including retaliation, improper disclosure of confidential information, or failure to follow the request procedure, may result in corrective action up to and including termination.
If a conflict exists between this addendum and applicable law, the law will control. California employees will receive the greater protection or benefit required by law.
This addendum does not limit rights under the FMLA, CFRA, EEOC-protected leave-related protections, or other applicable federal, state, or local laws.
Review and Revision
Sets the cadence for updates and ensures the policy stays aligned with California law and internal practice.
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This addendum will be reviewed at least annually and whenever California leave laws change, including updates affecting reproductive loss leave, paid sick leave, or related anti-retaliation requirements. Revisions must be approved by HR and Legal before publication.
How to use this template
- 1. Insert the addendum into your California handbook or leave policy and set the effective_date, version, applicable_jurisdictions, review_frequency, and applicable_roles fields before publishing.
- 2. Define the qualifying events, leave entitlement, and any coordination rules with PTO, sick leave, or other leave banks so employees and managers can see exactly what the policy covers.
- 3. Assign HR or the leave administrator as the policy holder for intake, documentation review, confidentiality handling, and approval decisions, and tell managers to route requests immediately.
- 4. Train supervisors to recognize informal leave requests, avoid probing questions, and escalate to HR without discussing the employee’s situation beyond what is needed for coverage planning.
- 5. Track each request, approval, denial, and return-to-work note in a secure file, then review the policy after each annual cycle or any California law change to keep the addendum current.
Best practices
- State the qualifying reproductive loss events in plain language and match them to the California rule so employees do not have to interpret the policy themselves.
- Limit documentation requests to the minimum needed to confirm eligibility and never ask for unnecessary medical details or supporting records that are not required.
- Tell managers to route all requests to HR and to avoid informal approvals, because ad hoc handling creates inconsistent treatment and confidentiality risk.
- Coordinate the addendum with existing PTO, sick leave, attendance, and payroll coding rules so the leave is tracked consistently across systems.
- Use a secure, restricted-access file for all supporting documents and keep the leave record separate from the general personnel file where possible.
- Include a clear anti-retaliation statement that covers scheduling changes, discipline, performance reviews, and other employment actions after a protected request.
- Add a California-specific carve-out so employees in other states are not accidentally governed by this addendum.
- Review manager training after rollout so supervisors know how to respond to sensitive leave requests without delay or disclosure.
What this template typically catches
Issues teams running this template most often surface in practice:
Common use cases
Frequently asked questions
Who is this addendum for?
This addendum is for California employees covered by SB 848 and the employer’s leave policy holder or HR team that administers leave. It is designed to address reproductive loss events such as failed adoption, miscarriage, stillbirth, or an unsuccessful reproductive procedure. If your organization has employees outside California, those employees should be handled under separate state or company leave rules. The template is not a general bereavement policy and should be used only for the specific leave right it creates.
How much leave does the template provide?
The template is built around the California SB 848 entitlement of up to 5 days of leave for a qualifying reproductive loss event. It should be used to define whether the days are taken consecutively or intermittently, how the leave is counted, and whether the employee may use existing paid leave to cover the time. The policy should also state any internal coordination rules with PTO, sick leave, or other leave banks. If your handbook already has a broader leave policy, this addendum should explain how the two documents work together.
Who should run the request and approval process?
HR, leave administration, or the employee’s designated policy holder should run the process, with managers limited to receiving only the information needed to coordinate time away from work. The template should make clear that employees may contact HR directly and do not need to disclose sensitive medical details to their supervisor. It is also helpful to assign a backup contact for urgent scheduling issues. The process should preserve confidentiality while still allowing the business to manage coverage.
Does this template require medical documentation?
The template should specify when documentation may be requested and what form it can take, because sensitive reproductive loss events often involve privacy concerns. Employers should avoid over-collecting details and should limit requests to what is necessary to confirm eligibility under the policy. In many cases, a simple statement or other minimal verification may be more appropriate than a detailed medical record. The addendum should also explain how documentation is stored and who can access it.
How does this interact with FMLA, ADA, or other leave laws?
This addendum should sit alongside, not replace, leave rights under FMLA, ADA reasonable accommodation, pregnancy-related protections, or any applicable state paid sick leave rules. If the event also triggers another protected leave, the policy should explain that the employee may be eligible for multiple forms of leave depending on the facts. The template should not narrow rights that exist under federal law or other California leave statutes. It should also direct HR to review overlap before denying a request.
What are the most common mistakes when rolling this out?
Common mistakes include treating reproductive loss leave like ordinary bereavement leave, asking for too much medical detail, and failing to train managers on confidentiality and non-interference. Another frequent issue is not updating the handbook to reflect the effective date and review frequency, which can create inconsistent administration. Employers also sometimes forget to document how the leave is requested, approved, and tracked. This template helps prevent those gaps by putting the procedure in one place.
Can we customize the template for our existing PTO or sick leave policy?
Yes. The template is meant to be inserted into an existing leave framework and customized to match your PTO, sick leave, and attendance rules without reducing the statutory entitlement. You can add internal contacts, approval steps, and payroll coding, as long as the policy remains consistent with California requirements. If your organization uses a leave management system, the template can also reference the workflow fields employees and HR must complete. The key is to keep the legal entitlement intact while aligning the process with your operations.
What should managers do if an employee asks for this leave informally?
Managers should refer the employee to HR or the designated leave contact immediately and avoid asking probing questions about the event. They should not discourage the request, delay it, or try to resolve it informally without following the policy. The template should instruct managers to preserve privacy, record only the operational impact, and escalate the matter to HR. That reduces the risk of inconsistent treatment or retaliation claims.
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