Reproductive Loss Leave in California: Up to 5 Days Off

California’s reproductive loss leave law gives eligible employees up to five days off after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction, at employers with five or more employees. The law, Senate Bill 848, took effect January 1, 2024 and is codified at Gov. Code 12945.6.

The leave is short, but the protections are real. Your employer must keep the request confidential and cannot punish you for taking it. For a worker earning $25 an hour on eight-hour shifts, five days is $1,000 in wages, and you can choose to cover those days with sick leave or vacation instead of going unpaid.

This guide explains who qualifies, which losses are covered, how much leave you get and when, whether it is paid, how it fits with other leave, your protections, and what to do if your employer refuses.

What reproductive loss leave covers

The law defines a “reproductive loss event” as the day, or for a multi-day event the final day, of any of the following:

Event	What it means
Miscarriage	Loss of a pregnancy
Stillbirth	Loss of a pregnancy later in gestation, resulting in a stillborn child
Failed adoption	An adoption that does not go through, for example because the birth parent withdraws
Failed surrogacy	A surrogacy arrangement that ends without the intended parent receiving a child
Unsuccessful assisted reproduction	An unsuccessful round of artificial insemination or an unsuccessful embryo transfer

The law covers not only the person who was pregnant, but also their spouse or domestic partner and any other person who would have been a parent of a child born from the pregnancy, adoption or surrogacy. That means partners, intended parents and adoptive parents can all qualify.

By the numbers5 days

Who qualifies

You are eligible if:

• Your employer has five or more employees, or is a public employer such as the state, a city or a county; and
• You have been employed there for at least 30 days before the leave begins.

There is no hours requirement. Part-time employees qualify on the same terms as full-time employees. Reproductive loss leave is a separate right under the Fair Employment and Housing Act, enforced by the Civil Rights Department, and it is in addition to other leave you may have.

---

How much leave you get, and when to take it

• Up to five days per event. The days do not have to be consecutive. You might take two days immediately and three later, for example.
• Within three months. Generally, the leave must be completed within three months of the reproductive loss event.
• Extended if you are on other leave. If you are on, or about to start, another protected leave such as pregnancy disability leave or CFRA leave when the loss occurs, you have three months from the end of that leave to use reproductive loss leave.
• Multiple events. If you experience more than one reproductive loss in a 12-month period, your employer is not required to provide more than 20 days total in that 12-month period.

💡 Example: Elena’s embryo transfer was unsuccessful on February 10. She takes one day off the next day and two more days in March, for 3 days total. She still has 2 days she can use any time before May 10. If she has another unsuccessful transfer in August, she is entitled to up to 5 more days, well within the 20-day annual limit.

Is reproductive loss leave paid?

If your employer has an existing leave policy that covers this kind of time off, that policy applies. If not, reproductive loss leave can be unpaid. But the law lets you use other leave that is available to you, including:

• Accrued paid sick leave (see our guide to California paid sick leave)
• Vacation or PTO
• Personal leave
• Compensatory time off, if you are a public employee who earns it

For example, a worker earning $25 an hour on eight-hour shifts who uses five days of available PTO would receive 5 × 8 × $25 = $1,000 for the leave instead of going without pay.

Even unpaid, the leave is protected: your employer must allow you to take it and must not penalize you for doing so.

---

How it fits with other leave

Reproductive loss leave is for time off to grieve and recover emotionally. Other laws may also apply, especially if you need more time for physical recovery.

Leave	What it covers	Length
Reproductive loss leave	Time off after a covered loss	Up to 5 days per event
Pregnancy disability leave	Time you are disabled by pregnancy, including recovery from loss of a pregnancy	Up to 4 months per pregnancy
CFRA leave	Your own serious health condition, for eligible employees	Up to 12 weeks a year
Paid sick leave	Your own health condition or care	At least 40 hours or 5 days a year
Bereavement leave	Death of a family member	Up to 5 days

You don’t have to choose just one. A worker who needs two weeks to physically recover after a stillbirth might use pregnancy disability leave for that time, then take reproductive loss leave days afterward, all within the time limits.

If you were pregnant and your provider says you need time to physically recover, pregnancy disability leave may cover that time, and reproductive loss leave can be used afterward. Our page on FMLA and CFRA leave rights explains how the longer leave laws work.

By the numbers3 months

Your protections

Gov. Code 12945.6 gives you three core protections:

• Confidentiality. Your employer must keep your request for reproductive loss leave confidential. Information should be shared only with people who need it to process the leave, or as required by law.
• No retaliation. Your employer cannot fire, demote, discipline, or otherwise discriminate against you for requesting or taking the leave, or for giving information or testimony about someone else’s leave.
• No interference. Your employer cannot interfere with, restrain or deny your right to take the leave.

Retaliation can be subtle. Watch for a sudden change after you return: fewer shifts, a negative review that mentions “reliability,” or being left out of projects. Write down dates and comments as they happen. The timing between your leave and the change is often the strongest evidence.

Because the leave is part of FEHA, violations can be pursued through a complaint with the Civil Rights Department, generally within three years. See how to file a CRD complaint. Remedies can include lost wages, emotional distress damages and attorney’s fees.

---

Common employer mistakes

• Telling a partner or intended parent that the leave is “only for the mother”
• Requiring all five days to be taken at once, or immediately after the loss
• Sharing the reason for your absence with coworkers
• Counting the days as unexcused absences under an attendance policy
• Refusing to let you use accrued sick leave or vacation for the days
• Writing you up, cutting your hours or firing you soon after the leave

Pressure to come back early, or comments about your loss, can also be signs of pregnancy-related discrimination. See our page on pregnancy discrimination.

---

What to do: step by step

1. Tell your employer you are taking reproductive loss leave. You do not need to share medical details. A short email works, and it creates a record.
2. Ask that the request be kept confidential.
3. Plan the days. Take them together or spread out, but complete them within three months of the loss, or of the end of other leave you are on.
4. Decide whether to use paid time such as sick leave or vacation.
5. Consider other leave if you need more time for physical recovery, such as pregnancy disability leave or CFRA.
6. Keep copies of your request and your employer’s response.
7. If you are denied leave or punished, write down what happened and talk to an employment lawyer.

If your employer seems unfamiliar with the law, you can point them to Gov. Code 12945.6 and the Civil Rights Department’s guidance on reproductive loss leave. Many violations come from managers who simply don’t know the rule exists.

---

Leave denials are often the tip of the iceberg

An employer that refuses reproductive loss leave may also mishandle pregnancy leave, deny accommodations or retaliate against workers who use protected leave. If you were disciplined or fired after taking time off, you may have a retaliation claim; see what to do if you were fired after complaining to HR. We look at the whole picture, including unpaid wages and final pay.

---

Frequently asked questions

Does my spouse or partner qualify?

Yes. The law covers the person who was pregnant, their spouse or domestic partner, and any other person who would have been a parent of the child, as long as each meets the employer-size and 30-day requirements at their own job.

Do I have to provide documentation?

Unlike California’s bereavement leave law, the reproductive loss leave statute does not spell out a documentation requirement. If your employer asks for proof, talk to a lawyer before sharing detailed medical information.

Is reproductive loss leave the same as bereavement leave?

No. Bereavement leave (Gov. Code 12945.7) covers the death of a family member. Reproductive loss leave is a separate right covering the events listed above, and it is in addition to bereavement leave.

Can my employer make me take all five days at once?

No. The law says the days do not need to be consecutive. You can spread them out within the three-month window.

My employer has only four employees. Do I have any rights?

This law applies to employers with five or more employees. You may still be able to use paid sick leave, which applies to nearly all employers.

---