Fired after miscarriage · California
Fired after a miscarriage or pregnancy lossWhat California law says, explained gently
Losing a pregnancy is hard enough. If your job changed for the worse afterward, here is how California law protects you, and what you can do at your own pace.
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The short answer
Being fired after a miscarriage in California can be illegal. At employers with 5 or more employees, it is unlawful to punish you for taking reproductive loss leave or pregnancy disability leave, or to treat you worse because of a pregnancy or a related medical condition. The same goes for a demotion, cut hours or a write-up. You generally have 3 years to file a complaint with the Civil Rights Department.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
On this page
- Can you be fired after a miscarriage in California?
- Fired, demoted or written up after a miscarriage: what happened to you?
- Was being fired after a miscarriage illegal? A gentle check
- Evidence to save after a firing or demotion
- What you can do, one step at a time
- How long do you have to act after being fired?
- Related guides after a pregnancy loss
- Questions about being fired after a miscarriage
- Keep reading
Can you be fired after a miscarriage in California?
Not because of the loss, and not because you took time off for it. Several California laws work together here. Most apply to employers with 5 or more employees and to public employers.
Reproductive loss leave (Government Code §12945.6)
After a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful IVF or IUI, you can take up to 5 days off if you have worked there at least 30 days. Partners who would have been a parent qualify too. Your employer may not refuse the leave, interfere with it, or retaliate against you for taking it, for example by firing, demoting or disciplining you. See the reproductive loss leave guide.
Recovery leave (PDL, Government Code §12945)
California treats the loss or end of a pregnancy as a condition that can disable you. If your provider says you cannot do one or more essential parts of your job, you can take pregnancy disability leave for up to 4 months. Afterward, you have a right to the same job, except in limited cases unrelated to your leave, such as a real layoff.
Sex discrimination under FEHA
California’s Fair Employment and Housing Act (FEHA) treats pregnancy, childbirth and related medical conditions as part of “sex.” Firing or demoting you because of a pregnancy or its loss can be sex discrimination, and FEHA also bars retaliation for asserting your rights.
Starting January 1, 2027, AB 2563 writes it into the law that sex discrimination includes miscarriage, along with fertility, abortion, lactation and contraception. The Legislature calls this a clarification of existing law.
Federal law (15 or more employees)
Title VII, as amended by the Pregnancy Discrimination Act, covers employers with 15 or more employees. The EEOC says it protects you based on current, past or potential pregnancy.
Fired, demoted or written up after a miscarriage: what happened to you?
Choose the one closest to your experience. Each opens a short explanation.
If you were let go after your loss
Timing matters. A firing soon after you asked for or took loss leave or recovery leave can point to retaliation, especially if your record was good before.
An employer may still end a job for a real reason unrelated to the loss, such as a genuine layoff. The true reason is what counts.
Wrongful termination explainedIf your role, pay or schedule shrank
Punishment does not have to be a firing. A demotion, fewer hours, a worse shift or lost duties after a pregnancy loss can also be retaliation or discrimination.
If you took recovery leave (PDL), you have a right to come back to the same job, with limited exceptions unrelated to your leave.
Demoted after pregnancyIf you got points or a write-up for the days you missed
Counting protected days against you can be retaliation or interference. That includes days of reproductive loss leave, recovery leave (PDL) and paid sick leave.
Keep the write-up and note which days were for your loss or recovery.
If you were pressured to return early or resign
Being told to cut your leave short, or to quit, can be interference with your leave rights. If conditions got so bad that you felt you had no choice but to resign, the law may treat it like a firing.
When quitting counts as a firingIf your employer has fewer than 5 employees
The leave and discrimination rules on this page apply at 5 or more employees, and to public employers of any size. Harassment protection applies at 1 or more.
Paid sick leave covers almost every California worker, and an employer may not fire you for using it. A retaliation complaint with the Labor Commissioner is generally due within 1 year.
Paid sick leave rightsWas being fired after a miscarriage illegal? A gentle check
Answer a few yes-or-no questions. This is general information, not a final answer about your case.
- Some protections still apply California’s leave and discrimination rules start at 5 employees. Harassment rules apply at 1 employee, and paid sick leave rules protect you from being punished for using sick days.
- This may be retaliation or interference Punishing you for taking or asking for reproductive loss leave or recovery leave is unlawful. Being treated worse soon after is a common sign of retaliation, though timing alone does not prove it. Save your records now and look at the deadlines below.
- This may be sex discrimination FEHA treats pregnancy and related medical conditions as part of sex. Comments about your loss, or being singled out compared with coworkers, can be evidence that the decision was about your pregnancy. Write down what was said, by whom and when.
- It may still be worth a closer look Bias is not always spoken out loud. Changing reasons for the decision, or a sudden drop in reviews after your loss, can matter too.
Evidence to save after a firing or demotion
Save your own copies of what you are allowed to keep. Do not take company files you are not permitted to have.
What you can do, one step at a time
There is no rush to do all of this at once. Start wherever feels manageable.
Write down what happened
While it is fresh, note the dates, the people involved and the reason you were given.
Ask for your personnel file and pay records
California lets current and former employees ask for these. Your employer generally has 30 calendar days to provide personnel records after a written request, and 21 calendar days for pay records.
Copy this records requestHi [HR or manager name], Under California Labor Code sections 1198.5 and 226(b), I am requesting a copy of my personnel records and my payroll records. Please send them to [email or mailing address]. Thank you, [Your name] [Your job title and last day of work, if you are no longer employed]
Apply for unemployment if you lost your job
If you lost your job, you can apply for unemployment benefits through the Employment Development Department (EDD). EDD decides who qualifies.
Hold off on signing anything
If you are offered severance in exchange for giving up claims, take time to understand it first. See severance and layoffs.
How long do you have to act after being fired?
Under FEHA, you file with the Civil Rights Department (CRD) before you can sue. Enter the date you were fired, demoted or disciplined to estimate the main deadlines.
These dates are estimates for general information. Your real deadline depends on your facts. Talk with a lawyer well before any deadline.
Questions about being fired after a miscarriage
Can I be fired for having a miscarriage in California?
Not because of the miscarriage. At employers with 5 or more employees, FEHA treats pregnancy and related medical conditions as part of sex, so firing you because of a pregnancy or its loss can be sex discrimination. Firing you for taking reproductive loss leave or recovery leave is also unlawful. An employer can still end a job for a real reason unrelated to the loss, so the true reason is what matters.
Can my employer fire me for missing work after a miscarriage?
Not for days the law protects. Up to 5 days of reproductive loss leave, recovery leave your provider certifies (up to 4 months), and paid sick leave are all protected if you qualify. Counting those days against you, or firing you for them, can be retaliation or interference. It helps to keep a record of which days were which.
What if my employer says I was fired for performance?
That may be true, or it may be a cover for the real reason. Things that can suggest a cover include good reviews before the loss, a sudden change after you took leave, reasons that shift over time, or coworkers with similar records who were not punished. Saving your reviews and messages helps answer the question.
Does AB 2563 matter if I was fired before 2027?
AB 2563 takes effect January 1, 2027, and expressly lists miscarriage within sex discrimination. The Legislature calls it a clarification of existing law. Even before 2027, FEHA already treated pregnancy and related medical conditions as part of sex, and reproductive loss leave has been protected since January 1, 2024.
How long do I have to file a claim?
Under California law, you generally have 3 years from the firing to file a complaint with the Civil Rights Department, and 1 year after its right-to-sue notice to file a lawsuit. A federal EEOC charge is due within 300 days in California. A Labor Commissioner retaliation complaint, such as for paid sick leave, is generally due within 1 year.
Keep reading
Sources
- Gov. Code §12945.6 (reproductive loss leave)
- Gov. Code §12945 (pregnancy disability leave)
- CRD: Pregnancy Disability Leave fact sheet
- 2 CCR §11035 (PDL definitions)
- Gov. Code §12926 (definition of sex)
- Gov. Code §12940 (discrimination, harassment, retaliation)
- CRD: Employment
- Gov. Code §12960 (CRD filing deadline)
- Gov. Code §12965 (lawsuit deadline)
- EEOC: Pregnancy discrimination
- EEOC: Time limits for filing a charge
- Labor Commissioner: Paid sick leave
- Labor Commissioner: How to file a retaliation complaint
- Labor Code §1198.5 (personnel records)
- Labor Code §226 (payroll records)
- Legal Aid at Work: End of pregnancy and reproductive loss
- Davis Wright Tremaine: California employment laws for 2027
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
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