Time off after a miscarriage or pregnancy loss

This is general information, not legal or medical advice. Do Not Lose Hope is not a law office or a clinic. Free help is listed below.

Can I take time off after a loss?

Yes. California's reproductive loss leave law gives you up to 5 days off after a reproductive loss event. The law lists these events:

• A miscarriage
• A stillbirth
• A failed adoption
• A failed surrogacy
• An unsuccessful assisted reproduction, such as an unsuccessful round of intrauterine insemination or another assisted reproductive procedure

Who is covered. You must have worked for your employer for at least 30 days before the leave starts. Your employer must be a private employer with 5 or more employees, or a public employer like the state, a city or a county.

Partners count too. The leave covers you if you, your current spouse or domestic partner, or another person experienced the loss, as long as you would have been a parent of the child. The Civil Rights Department says this includes a spouse or partner who would have been the child's parent.

Your immigration status does not change this right. The Civil Rights Department does not ask about citizenship or immigration status.

How does the leave work?

• 5 days per loss. If you have more than one loss, your employer does not have to give more than 20 days in 12 months.
• Days do not have to be in a row. You can take one day now and others later.
• Use them within 3 months of the loss. If the event lasted more than one day, the 3 months start from the last day.
• If you are already on leave. If you are on pregnancy disability leave, CFRA leave or another leave when the loss happens, or you choose to take one, you have 3 months from the end of that leave.
• Pay. The leave follows your employer's leave policy. If there is none, it can be unpaid, but you can use vacation, personal leave, paid sick days or comp time.
• No proof. The Civil Rights Department says the law does not require you to submit documentation.
• Privacy. Your employer must keep your request confidential, except as needed inside the company or required by law.
• Separate right. This leave is in addition to other leave, like CFRA, FMLA and pregnancy disability leave.

What if I need more than 5 days?

A loss can take a physical toll. You may need weeks, not days. Other California rules may help.

Pregnancy disability leave (PDL). California regulations list "loss or end of pregnancy" and "recovery from loss or end of pregnancy" among the reasons a person can be disabled by pregnancy, if their health care provider says they cannot do one or more essential parts of their job. PDL applies at employers with 5 or more employees, lasts up to 4 months per pregnancy depending on your need and hours, and has no minimum time on the job. Your employer may ask for a medical certification for PDL.

Changes at work instead of leave. If you are back at work but need lighter duty or breaks while you heal, you can ask for a reasonable accommodation. See How to ask for changes at work while pregnant or breastfeeding.

CFRA for your own health. If you have a serious health condition, including a mental health condition, the California Family Rights Act may give up to 12 weeks of job protected leave. It applies at employers with 5 or more employees, after 12 months and 1,250 hours.

State Disability Insurance (SDI) for pay. If your provider certifies that you cannot do your regular work for at least 8 days, SDI can pay part of your wages. You need to have earned at least $300 with SDI taken out in your base period. Weekly pay runs from $50 to $1,765 in 2026, about 70 to 90 percent of wages. The first 7 days are unpaid, and you must file within 49 days. You can claim without a Social Security number, on paper. See State Disability Insurance: who can get it and how long it pays.

Paid sick days. You can use paid sick days for your own care and recovery, including during reproductive loss leave. See Paid sick days in California.

What if the loss happened late in pregnancy?

After a stillbirth or a late loss, your body may need weeks to recover, and the grief is deep. Reproductive loss leave applies. PDL and SDI may also apply if your provider says you cannot work. Ask your provider for a note covering the time you need to recover. For more on pregnancy leave and pay, see Pregnant and working: your leave and pay in California.

How do I ask?

1. Tell your employer as soon as you can. A short message is enough: you are taking reproductive loss leave, and on which days.
2. You do not have to explain. You do not need to say what happened or bring proof.
3. Say how you want to be paid. Tell your employer if you want to use sick days, vacation or other paid time.
4. Keep a copy of your message and any reply.
5. If you need longer, ask your health care provider for a note and ask your employer about PDL or CFRA.

What if my employer says no or punishes me?

The law says an employer may not refuse your request, retaliate against you for taking the leave, or interfere with your right to take it.

• Reply in writing. "California Government Code 12945.6 gives me up to 5 days of reproductive loss leave. I am taking the days listed above."
• Get free advice. Call the Legal Aid at Work Work and Family Helpline at 800-880-8047 (415-593-0033 outside California).
• File a complaint with the Civil Rights Department online, by mail or by phone at 800-884-1684. You have three years.

See also What counts as illegal retaliation at work.

Where can I get emotional support?

Grief after a pregnancy loss is real grief, for both partners. Give yourself time.

• If you are thinking of ending your life, or feel you cannot go on, call or text 988, any time. Spanish: press 2, or text AYUDA.
• For support during and after pregnancy, including after a loss, see Where to get emotional support during pregnancy and after birth.
• For low cost counseling whatever your status, see Mental health care without fear.

Questions people ask

My partner had the miscarriage. Can I take leave too? Yes, if you would have been a parent of the child and you meet the 30 day and employer size rules.

Does this cover an abortion? The law lists miscarriage, stillbirth, failed adoption, failed surrogacy and unsuccessful assisted reproduction. Ask a clinic or the Civil Rights Department about your situation.

My employer has only 4 workers. Do I get anything? Reproductive loss leave does not apply to private employers with fewer than 5 employees. You can still use paid sick days, and SDI may pay if you cannot work for at least 8 days.

I work for a staffing agency or I am part time. Am I covered? Part time workers are covered if they meet the 30 day rule. For staffing agencies, ask a clinic which employer counts.

Can my employer ask what happened? You do not have to provide documentation, and your employer must keep your request confidential.

Is there a note I can send?

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Civil Rights Department: 800-884-1684; TTY 800-700-2320; Relay 711. calcivilrights.ca.gov
• Legal Aid at Work, Work and Family Helpline (free): 800-880-8047; 415-593-0033 outside California. legalaidatwork.org
• Legal Aid at Work, Workers' Rights Clinic (free, income limits): East Palo Alto line (415) 404-9093. legalaidatwork.org
• EDD State Disability Insurance: 1-800-480-3287; Spanish 1-866-658-8846. edd.ca.gov
• 988 Suicide & Crisis Lifeline: call or text 988. 988lifeline.org

Take the time you need. Your loss matters, and so does your healing.