While students are enjoying the dog days of summer, California employers may want to review leaves available to parents and caregivers before the school year begins.

Just as there are considerations when employing minors, there are also leave entitlements employers should be aware of when employing parents and caregivers.

Under the Labor Code, “Parent” is defined as “a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child.”

Time Off for School Activities

Under Labor Code section 230.8, employers with 25 or more employees must permit up to 40 hours of unpaid time off to parents for the following reasons:

  • To find, enroll, or reenroll their child in school or with a licensed childcare provider
  • To participate in activities of the school or childcare provider
  • To address a childcare provider or school emergency

Time off other than to address an emergency is limited to 8 hours per month and reasonable notice must be provided to the employer.

The employee, if requested by the employer, shall provide documentation from the school or licensed childcare provider as proof that he or she engaged in child-related activities on a specific date and at a particular time.

Time Off for Suspension or Expulsion Meetings

Under Labor Code section 230.7, all employers are prohibited from discharging or discriminating against a parent or guardian employee for taking time off to appear at their student’s school for purposes of suspension or expulsion meeting pursuant to Education Code section 48900.1.

In addition, employees may be entitled to leave to care for a child’s illness or injury. If you have questions regarding school-related leave or related issues, contact a Jackson Lewis attorney to discuss.