Reproductive Loss Leave

Employees are eligible for reproductive loss leave if they have been working for the employer for at least 30 days prior to the leave’s commencement and suffer a qualifying event.

Eligible employees may take leave for up to five days when they suffer a reproductive loss event, which is the day, or the final day for a multiple day event, of one of the following:2

• Failed adoption: The dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
• Failed surrogacy: The dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
• Miscarriage: May be a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual who would have been a parent as a result of the pregnancy.
• Stillbirth: May be a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual that would have been a parent as a result of the pregnancy.
• Unsuccessful assisted reproduction: An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (i.e., artificial insemination or an embryo transfer, including gamete and embryo donation). Assisted reproduction does not include reproduction through sexual intercourse. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

The five days of reproductive loss leave may be nonconsecutive. If an employee experiences more than one reproductive loss event within a 12-month period, an employee can receive another five days of leave. Employers may cap reproductive loss leave at 20 days within a 12-month period.3

Generally, reproductive loss leave must be taken within three months of the reproductive loss event; however, if prior to or immediately following a reproductive loss even, an employee is on or chooses to go on leave under California’s pregnancy disability law, the California Family Rights Act, or any other leave provided by state or federal law, then the employee may complete their reproductive loss leave within three months of the end of the other leave.4

This leave is unpaid, but employees can use existing vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.5

Unlike the state’s bereavement leave, employers may not request documentation to certify reproductive loss leave.

If an employer already provides reproductive loss leave under its own policy, it may continue to do so; however, if the policy doesn’t meet the law’s requirements, the employer must update the policy to meet the minimum requirements.

Employers must maintain the confidentiality of any employee requesting reproductive loss leave. Any information provided to the employer related to this leave must be maintained as confidential and cannot be disclosed except to internal personnel or counsel, as necessary, or as required by law.6

Employers cannot terminate, discriminate or retaliate against employees for exercising their rights under the law.

• Reproductive Leave Checklist

1. Govt. Code sec. 12945.6

2. Govt. Code sec. 12945.6(a), (b)

3. Govt. Code sec. 12945.6(b)(1)

4. Gov. Code sec. 12945.6(b)(3)

5. Gov. Code sec. 12945.6(b)(4)

6. Gov. Code sec. 12945.6(e)