California employees do not necessarily have to return to work immediately after a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction. Reproductive loss leave in California gives eligible employees up to five days of job-protected leave following a qualifying loss.
The protection applies not only to the person who experienced the pregnancy. An employee may also qualify when a spouse, domestic partner, surrogate, or another person experiences the loss if the employee would have been a parent of the child. California also prohibits employers from interfering with the leave or retaliating against employees for using it.
California Government Code §12945.6, enacted through SB 848 and effective January 1, 2024, created a separate protected-leave right for qualifying reproductive losses.
The law applies to private employers with at least five employees and public employers regardless of size. An employee generally must have worked for the employer for at least 30 days before taking the leave.
This leave is distinct from broader family, medical, and pregnancy-related leave protections.
California defines reproductive loss broadly. Qualifying events include:
Unsuccessful assisted reproduction can include a failed intrauterine insemination or embryo transfer. A failed surrogacy may include the dissolution or breach of a surrogacy agreement or a failed embryo transfer to the surrogate.
That means the Law reaches beyond the commonly searched phrase miscarriage leave California.
Yes, potentially.
An employee does not have to be the person who was pregnant. California CRD explains that an employee may take reproductive loss leave following another person’s loss, including a spouse or partner, when the employee would have been the parent of the child born or adopted.
Current 2026 employment guidance likewise confirms that an eligible employee can take leave when their spouse experiences a miscarriage.
This distinction is particularly important for spouses, domestic partners and intended parents using assisted reproduction or surrogacy.
Eligible employees can take up to five days for a qualifying reproductive loss event.
The days do not have to be consecutive. For example, an employee could take two days immediately after the loss and use the remaining days later.
The leave generally must be completed within three months of the reproductive loss. If an employee is already using another qualifying state or federal leave around the time of the loss, the three-month period may instead run after that other leave ends.
For multiple reproductive loss events, employers generally are not required to provide more than 20 days within a 12-month period.
Reproductive loss leave is not automatically paid.
If the employer already has an applicable paid-leave policy, that policy may govern payment. When there is no applicable paid policy, California allows eligible employees to use available vacation, sick leave, personal leave, PTO, or other qualifying accrued paid time. Otherwise, the reproductive loss leave may be unpaid.
Employees having trouble using accrued sick time may also want to review the protections discussed by a paid sick leave lawyer for California workers.
California CRD states that the reproductive loss leave law does not require an employee to submit documentation supporting the leave request.
This is an important employee-rights point because a worker may understandably want to keep sensitive medical or reproductive information private.
Employees should still follow reasonable workplace procedures for requesting leave, such as notifying the appropriate HR representative or manager.
Generally, yes.
Information an employee provides while exercising reproductive loss leave rights must generally be kept confidential. Disclosure is permitted in limited circumstances, including when necessary to internal personnel or legal counsel or when required by Law.
That protection can be particularly important after miscarriage, fertility treatment, surrogacy, or other deeply personal reproductive events.
Reproductive loss leave is a separate and distinct leave right.
Depending on the employee’s circumstances, other protections may also apply. These can include California Family Rights Act leave, federal FMLA leave, or pregnancy disability protections.
For example, a worker experiencing a medical condition after pregnancy loss could potentially have rights beyond the five reproductive-loss days.
If an employer instead begins treating an employee negatively because of pregnancy or related circumstances, the situation may also warrant review under California pregnancy-discrimination protections and the firm’s pregnancy discrimination lawyer.
California Law makes it unlawful for a covered employer to interfere with, restrain, or deny an eligible employee’s exercise or attempted exercise of reproductive loss leave rights.
Employees should preserve:
A written record can clarify when the request was made, what information was provided and how the employer responded.
No. California specifically prohibits retaliation because an employee requested or used reproductive loss leave.
Prohibited treatment can include firing, demotion, suspension, discipline or other discrimination connected to the exercise of these rights.
Possible warning signs include a sudden negative performance review, reduction in hours, exclusion from assignments, discipline shortly after leave, or termination.
Timing alone does not prove retaliation. But the sequence of events can matter.
For example:
leave request → employer knowledge → sudden criticism → PIP → termination
Employees experiencing that pattern should review performance improvement plan retaliation in California and the broader protections explained by a workplace retaliation lawyer.
If you believe your reproductive-loss rights were denied or you experienced retaliation, preserve records you are lawfully entitled to keep, such as:
California CRD asks employment complainants to provide specific facts, related documents and witness information where available. Employment complaints generally must be initiated with CRD within three years of the last alleged harm.
The Ghol Firm in Beverly Hills represents California employees in retaliation, discrimination and protected-leave disputes.
Reproductive loss leave in California provides eligible employees with up to five days of protected time off after a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction.
The leave may be taken nonconsecutively, generally must be completed within three months, and can extend to multiple events subject to a 20-day annual cap. The law also protects confidentiality and does not require documentation supporting the reproductive loss leave request.
Employers cannot lawfully deny qualifying leave or retaliate against an employee because they requested or used it. Employees who experience a sudden change in treatment after taking leave should preserve the timeline and related employment records.
Yes. Miscarriage is expressly included as a qualifying reproductive loss event under California Law.
Eligible employees can take up to five days per qualifying event, generally subject to a maximum of 20 days during a 12-month period for multiple events.
No. California requires employers to allow reproductive loss leave days to be taken nonconsecutively.
Not automatically. An employee may use available vacation, sick leave, personal leave or other qualifying paid time, and an applicable employer policy may provide paid leave. Otherwise, the leave may be unpaid.
California CRD states that the reproductive loss leave law does not require employees to provide documentation supporting the request.
An employer cannot lawfully retaliate against an employee because the employee requested or exercised reproductive loss leave rights.
Potentially, yes. An eligible employee can take leave following another person’s reproductive loss if the employee would have been a parent of the child.
If you reported illegal conduct and were fired, demoted, written up, suspended, or pressured to resign, contact The Ghol Firm for a free consultation. No fees unless we win.
