One of our employees has requested time off in two weeks to enroll his grandson in school. Is this employee eligible for any type of leave?
With summer ending and a new school year beginning, it is a good time to review the requirements for school and childcare activity leave.
Employers with 25 or more employees working at the same location must allow covered employees to take time off to participate in certain school or childcare activities (California Labor Code Section 230.8).
Covered Employees
Employees who are the “parents” of children attending a licensed childcare facility or kindergarten through grade 12 are eligible for this protected leave. “Parents” include parents, guardians, stepparents, foster parents, grandparents or persons standing in loco parentis to a child.
Covered Activities
Covered employees can take unpaid leave to:
- Find, enroll or re-enroll a child in school or with a licensed childcare provider;
- Participate in activities of the school or licensed childcare provider;
- Address a childcare provider or school emergency, meaning that:
- A child is unable to remain at school or in childcare due to discipline or behavioral problems;
- The school or provider requests the child to be picked up;
- Closure or unexpected unavailability of the school or childcare provider (excluding planned holidays); or
- A natural disaster such as a flood, fire or earthquake.
The law doesn’t include a definition of “activities.” Some examples of school or childcare activities may include parent/teacher conferences, award ceremonies, school performances and field trips.
Time Limits and Notice
An employee is limited to 8 hours per month and 40 hours per year for leave to participate in school or childcare activities or for enrollment issues. An employee must give an employer “reasonable notice” prior to a planned absence.
The 8-hour per month time limit does not apply to an employee’s time off to address a school or childcare emergency. In an emergency, the employee need only give notice to the employer as reasonable notice may not be possible.
Here, the grandfather asking for time off is a covered employee under the law. The employee is also requesting time off for a covered activity — to enroll his grandson in school. In addition, the employee has given reasonable notice of two weeks for the time off. In this case, if the employer has 25 or more employees at the worksite and the employee is under the monthly and annual time limits, the employee may be eligible to take protected leave.
Additional Guidelines
The following additional guidelines apply to school or childcare activity leave:
- Leave is unpaid, but employers may require that employees use any accrued vacation, paid time off (PTO) or other paid time off that is available.
- Employers can require employees to provide documentation from the school to confirm the employee’s participation in child-related activities. Acceptable documentation includes any written verification of participation that the school or licensed childcare provider deems appropriate and reasonable.
- If both parents work at the same location, leave can be limited to the first parent requesting time off.
- Employers cannot terminate or in any way discriminate against an employee for taking school and childcare activity leave.
CalChamber members can use the School and Child Care Activities Leave Checklist to help create a school and childcare activities leave policy that complies with California law.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
