California Reproductive Loss Leave

What California's Law Covers

California's Reproductive Loss Leave law (SB 848, effective January 2024) provides up to five days of job-protected leave per reproductive loss event, capped at 20 days in a 12-month period. This applies to miscarriage, stillbirth, failed adoption, failed surrogacy, and unsuccessful assisted reproduction.

It applies at public employers of any size and private employers with five or more workers. Employees must have worked for the employer for at least 30 days before taking leave. Leave must be completed within three months of the event, or, if another leave is taken for the same event, within three months after that leave ends. It's unpaid by default, but employees can use accrued sick leave, vacation, or PTO to cover the days.

Your employer cannot require documentation proving the loss. This is a critical protection — it means you don't need to produce a medical certificate, ultrasound report, or hospital records to take the leave.

How It Stacks With Federal Protections

California's law doesn't replace federal protections. It adds to them. Here's how the three main federal frameworks interact with state reproductive loss leave:

FMLA (Family and Medical Leave Act). FMLA can cover miscarriage recovery when it qualifies as a serious health condition, providing up to 12 weeks of unpaid, job-protected leave. It only applies if you've worked for your employer for at least 12 months, logged 1,250+ hours in the past year, and work at a location with 50+ employees within 75 miles. If you qualify for both, you can take California's five days first, then tap FMLA for extended recovery.

PWFA (Pregnant Workers Fairness Act). The PWFA requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions — and miscarriage recovery qualifies — unless the accommodation would cause undue hardship. This can include modified duties, schedule adjustments, or additional unpaid leave beyond what FMLA provides. It applies to employers with 15 or more employees.

CFRA (California Family Rights Act). California's state equivalent to FMLA, but with broader employer coverage — it covers employers with five or more employees. Eligible employees need 12 months of service and 1,250 hours worked in the prior year. CFRA covers an employee's own serious health condition and bonding with a new child; pregnancy-related disability is covered separately under Pregnancy Disability Leave (PDL), not CFRA.

Other States With Similar Protections

California isn't alone, but the coverage varies dramatically:

• Illinois provides up to 10 working days of unpaid leave per 12-month period for a qualifying reproductive event under the Family Bereavement Leave Act to employees eligible under FMLA.
• New York disability benefits can cover a provider-certified physical or mental condition related to pregnancy or recovery from pregnancy loss; Paid Family Leave does not cover an employee's own recovery.
• Washington Paid Family and Medical Leave can cover medical leave for an employee's own serious health condition; pregnancy-loss recovery must meet the program's medical and eligibility criteria.
• Oregon Paid Leave Oregon can cover medical leave when miscarriage-related incapacity meets the program's serious-health-condition criteria. OFLA separately provides eligible employees unpaid bereavement leave after a family member's death.

Most states have no dedicated reproductive loss leave law. In those states, FMLA and the PWFA are your primary protections — but only if your employer meets the size thresholds.

The UK Comparison

In the UK, miscarriage before 24 weeks does not qualify for statutory parental bereavement leave (which covers stillbirth at 24+ weeks). Under the Equality Act 2010, treating someone unfavourably because of pregnancy-related sickness or related time off could be discrimination. ACAS advises employers to record this absence separately and not count it toward absence-policy trigger points.

You can self-certify sickness absence for the first seven calendar days. If you're off for longer, a healthcare professional treating you can assess whether you need a fit note; it does not have to come from a GP.

How to Request Leave

Keep it simple. You don't need to disclose medical details. A communication like this is sufficient:

"I need to take reproductive loss leave effective [date]. I will be using [accrued sick leave / PTO / unpaid leave] for [number] days. I'll confirm my return date by [date]."

If your employer pushes back or requests documentation, point them to California Government Code Section 12945.6. They are prohibited from requiring proof.

The After a Miscarriage toolkit includes employer notification templates and a leave-rights reference covering US federal, California, and UK protections, so you can secure your time off without having to research employment law while grieving.