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Yes, California law requires employers to provide employees with up to five days of leave for a miscarriage or other reproductive loss events, including a failed adoption, failed surrogacy, stillbirth or an unsuccessful assisted reproduction.
An employee may also be entitled to time off work as a result of experiencing a miscarriage under a number of other laws, such as California’s pregnancy disability leave (PDL), which provides leave for an employee unable to perform one or more essential job functions due to pregnancy, childbirth or related medical condition. PDL regulations state that, among other things, employees may be able to take PDL for the loss or end of pregnancy or to recover from the loss or end of pregnancy (2 CCR sec. 11035(f)). If the employee is also eligible for leave under the federal Family and Medical Leave Act (FMLA), FMLA would run concurrently with the PDL because a miscarriage may be considered a serious health condition.
Another law to consider is California’s paid sick leave law, which allows an employee to take leave for the diagnosis, care or treatment of an existing health condition or preventative care for themselves or a family member.
Read more about Reproductive Loss Leave in the HR Library.