California Labor Code section 230.8 provides parents with the right to time off work to attend to childcare or other school activities, but, only if the employer employs 25 or more individuals in one location.
A “parent”, under the law, can be a parent, guardian, step-parent, foster parent, grandparent or person who stands in loco parentis to the child. Parents are entitled to job-protected leave for up to 40 hours each year for the following reasons:
- To find, enroll, or re-enroll their child in a school or with a licensed childcare provider, or participate in activities of the school or licensed childcare provider of their child.
- To address a childcare provider or school emergency.
Absences due to enrollment, re-enrollment and activities of a school or licensed childcare provider, require a parent provide reasonable notice to their employer. Employers are permitted to limit the time an employee can take for enrollment, re-enrollment, and activities to eight (8) hours in any calendar month.
A childcare provider or school emergency under the Code means that a child is unable to remain in school or with their childcare provider because:
- The school or childcare provider has requested the child be picked up, or has an attendance policy that prohibits the child from attending or requires the child to be picked up;
- Behavior or discipline problems;
- Closure or unexpected unavailability of the school or childcare provider, excluding planned holidays; or
- A natural disaster.
Employees are required to provide notice, as soon as possible, to their employers if their absence is due to a childcare or school emergency.
Employers may request that employees provide documentation from the child’s school or childcare provider to show the date and time that the employee was engaged in qualified school or childcare activities. Written verification provided by the school or childcare provider is deemed sufficient under the Labor Code.
There is no requirement to provide specific paid time off for this type of leave. Employees must use vacation or paid time off provided by their employer, if applicable, should they seek compensation for such absences.
Finally, if a child is suspended, a parent must be permitted to take leave to appear at their child’s school upon request from a teacher. All employers, regardless of size, must provide school appearance leave to their employees.
If your business has not formalized rules for compliance with requests for school activities leave contact your legal counsel to assure your business complies with applicable California Labor Code requirements.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
