California state law entitles parents to an allotted amount of time to participate in their children’s school activities. Here’s what you need to know about parental leave for school activities in California.
California Parental Leave Law
California Labor Code 230.8 allows up to 40 hours per year for each employee to take off time for their children’s school activities. The law applies to employers who have 25 or more employees and to parents whose kids are in grades K-12.
Employees can take leave for:
- Participation in their child’s school activities
- Participation in licensed care provider activities
- Enrolling their child in school (up to 8 hours)
- Re-enrolling their child in a different school (up to 8 hours)
- Addressing an emergency at the child’s school
Emergency Situations
An employee may leave work if the employee’s child is unable to remain in school for the following reasons:
- The school has requested that the child be picked up
- There is a natural disaster
- Unexpected school closure
- The child is displaying behavioral issues
- School is a dangerous place to remain
An employee is able to take parental leave for school activities if they are the child’s:
- Foster Parent
- Legal Guardian
- Step-Parent
- Grand Parent
- Someone with a loco parentis status
- Loco Parentis is defined as the legal responsibility of a person or organization to take on some functions and responsibilities of a parent.
Notice Requirements
Prior to taking leave, parents are required to give notice to their employer. Employers may ask for evidence of the school activity when a notice is given.
Important Note: Any form of retaliation against an employee who takes off work for school activities can pursue a workplace harassment suit against their employer.
Parents Who Work for the Same Employer
If both parents work for the same employer, only one parent is allowed to take leave for a school activity. The parent who files for parental leave first is given priority. Employers may allow both parents to take leave.
FAQs
Do I Receive Pay for Time off During a Parental Leave?
An employee does not receive pay during parental leave unless it is a benefit offered by their employer.
Do school activities use up my vacation time?
No, the amount of vacation days provided by your employer is not impacted by school activities. They are separate forms of leave.
My employer refuses to allow me to attend school activities, what should I do?
If an employer fails to provide the legal amount of school activity leave, an employee may pursue legal action.
My child keeps getting in trouble at school, does this mean I can surpass my 40-hour parental leave limit?
Behavior issues do not allow an employee to surpass the 40-hour limit. A conversation with your employer about your situation may be necessary.
Can I surpass my 40-hour parental leave limit if a school emergency occurs?
If no other party is able to pick up your child, emergency situations allow a parent to surpass this 40-hour limit.
Contact Her Lawyer
If you or a loved one was denied parental leave for school activities in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Employment Attorneys today!