(a)(2)–(3)
Who is covered
You must have worked for your employer at least 30 days before the leave starts. Employers with 5 or more employees are covered, and so are the state, cities, counties and other public employers.
The statute · Gov. Code §12945.6
Government Code 12945.6, explainedTime off after a pregnancy loss
If you are here after a loss, we are so sorry. This page walks through the law that gives you time away from work, one part at a time, in plain words.
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5daysFor each loss
20daysMost in a 12-month period
3monthsGenerally, to use the days
30daysOn the job before the leave
The short answer
Government Code 12945.6 gives you up to five days off after a miscarriage, a stillbirth, a failed adoption, a failed surrogacy, or an unsuccessful round of assisted reproduction, such as IUI or IVF. It covers employers with 5 or more employees and public employers, once you have worked there 30 days. The days can be split up and are generally used within three months. They are capped at 20 days in 12 months.
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
What Government Code 12945.6 does
Section 12945.6 took effect January 1, 2024. It is part of FEHA, California’s workplace civil rights law. It gives a short, protected stretch of time off after a loss that ends the hope of a child.
It is written for the person who “would have been a parent.” That includes the person who was pregnant, their spouse or domestic partner, and an intended parent through adoption, surrogacy or fertility treatment.
This page reads the statute itself. For a gentle, step-by-step guide to using the time, see our reproductive loss leave guide. You may also find miscarriage leave or stillbirth leave helpful.
Section 12945.6, subdivision by subdivision
Each card covers one key part of the statute. Short quotes are the statute’s own words.
(a)(4)–(5)
Failed adoption or surrogacy
A failed adoption is an adoption agreement that ends or is broken, or an adoption that is not finalized because someone contests it. A failed surrogacy includes a failed embryo transfer to the surrogate.
(a)(6), (a)(9)
Miscarriage and stillbirth
These cover your own pregnancy, your spouse’s or domestic partner’s, or another person’s pregnancy where you “would have been a parent” of the child.
(a)(1), (a)(10)
Unsuccessful assisted reproduction
This means an unsuccessful round of IUI, or of an assisted reproductive technology procedure such as an embryo transfer.
(a)(7)
When the loss happened
The “reproductive loss event” is the day of the loss. If it took place over several days, it is the last day.
(b)(1)–(2)
Up to five days
Your employer may not refuse a request for “up to five days” off. The days do not have to be in a row. After more than one loss, the cap is 20 days in a 12-month period.
(b)(3)
The three-month window
Use the days “within three months” of the loss. If you are on another protected leave, such as pregnancy leave, before or right after the loss, the window runs from the end of that leave.
(b)(4)
Pay
Your employer’s leave policy applies. If it has none, the days “may be unpaid,” but you can use vacation, personal leave, accrued sick leave or comp time.
(c)–(d)
No retaliation or interference
Your employer may not punish you for taking this time or for giving information about someone’s leave. It also may not interfere with, restrain or deny the leave.
(e)–(f)
Discretion, and a separate right
Your employer must not share what you tell it, except with internal staff or lawyers who need it, or as the law requires. This right is “separate and distinct” from your other FEHA leave rights.
Section 12945.6 alongside other leave
The statute does not ask you for a doctor’s note or proof of the loss. It is a protected right, but unlike pregnancy leave it does not spell out a right to your same job. It works alongside other laws:
- Pregnancy leave. If you need time to recover physically or emotionally, Government Code 12945 allows up to four months when your provider certifies it. Your five days can follow that leave.
- Stillbirth. Section 12945.6 names stillbirth directly, and pregnancy leave covers your recovery. The bereavement statute, Government Code 12945.7, does not say whether a stillborn baby counts as a “child,” so that remains an open question. If a baby is born alive and then dies, that is the death of a child under section 12945.7.
- Fair treatment. Starting in 2027, AB 2563 names miscarriage and fertility in FEHA’s definition of sex discrimination. See also fired after a miscarriage.
Section 12945.6 vs. section 12945.7
These are two separate laws, and the statute says this one stands on its own.
Gov. Code §12945.6
- After a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction
- Up to 5 days per loss, capped at 20 days in 12 months
- Within 3 months, or 3 months after other protected leave ends
- No proof of the loss required by the statute
- Employers with 5 or more employees, and public employers; 30 days on the job
Gov. Code §12945.7
- After the death of a family member, and a designated person starting in 2027
- Up to 5 days per death
- Within 3 months of the death
- Your employer may ask for proof of death within 30 days
- Employers with 5 or more employees, and public employers; 30 days on the job
Government Code 12945.6 questions
Do I need a doctor’s note to use section 12945.6?
The statute does not require any documentation, and it does not mention a medical note. Legal Aid at Work, a nonprofit, says employers cannot require one. Your employer must also keep what you share about the loss to people who need to know, such as internal staff or its lawyers.
Does section 12945.6 cover my partner?
Yes. The statute covers the person who would have been a parent. That includes a spouse or domestic partner of the person who was pregnant, and an intended parent in an adoption or surrogacy. Each person who qualifies can ask their own employer for the leave.
Is time off under section 12945.6 paid?
It depends on your employer’s leave policy. If there is no policy, the days may be unpaid, but you can choose to use vacation, personal leave, accrued sick leave or comp time you have built up. California paid sick leave may also help. See paid sick leave rights.
Does section 12945.6 cover an IVF transfer that did not work?
Yes. Unsuccessful assisted reproduction includes an assisted reproductive technology procedure that does not succeed, and IVF is one. An unsuccessful IUI counts too. Each one is its own event, so you can take up to five days for each, up to 20 days in 12 months. See IVF leave in California.
What can I do if my employer denied the leave or punished me?
Denying the leave, interfering with it, and retaliating against you are all unlawful under section 12945.6. You generally have 3 years from the unlawful act to file with the California Civil Rights Department, which you must do before suing. After you get a right-to-sue notice, you have 1 year to file a lawsuit.
Keep reading
Sources
- Gov. Code §12945.6 (California Public Law mirror)
- Gov. Code §12945.6 (Justia mirror, 2025 code)
- Gov. Code §12945.7 (bereavement leave)
- Gov. Code §12945 (pregnancy leave)
- Legal Aid at Work: End of pregnancy and reproductive loss fact sheet
- Gov. Code §12960 (CRD filing deadline)
- Gov. Code §12965 (right to sue)
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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