Exclusively Employment Law

Six Things to Know About Reproductive Loss Leave Under California Law

On Behalf of | Sep 11, 2025 | Employee Rights

Under California law, employees who have been employed with an employer for at least thirty (30) days are eligible for up to five (5) days of unpaid leave following a “reproductive loss event” (as defined below). Below or five things that you should know about reproductive loss leave under California law:

No. 1: A “reproductive loss event” is any of the following: (a) miscarriage; (b) stillbirth; (c) failed adoption; (d) failed surrogacy; or (e) unsuccessful assisted reproduction (e.g., a failed intrauterine insemination or embryo transfer).

No. 2: An employee may take leave following his/her own reproductive loss event or that of another person – such as a spouse or partner – if the employee would have been the parent of the child born or adopted.

No. 3: The leave must be completed within three (3) months of the reproductive loss event, although the days do not need to be consecutive.

No. 4: If an employee experiences more than one reproductive loss event in a year, the employee is entitled to no more than twenty (20) days of reproductive loss leave in that one-year period.

No. 5: Employees are not required to submit documentation to support their request for leave.

No. 6: Employers are prohibited from discriminating or retaliating against any employee for requesting or taking reproductive loss leave.

If you have questions about reproductive loss leave, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.

The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.

An employee can take leave following their own reproductive loss event or that of another person – such as a spouse or partner – if the employee would have been the parent of the child born or adopted.