As kids head back to school, California employees with children may need time off for various reasons from school-related activities to kids who are sick. Here are reminders of the California leave entitlements for parents and caregivers.

School Activity Leave

Under California Labor Code Section 230.8, employers with 25 or more employees working at the same location must provide parents, guardians, or grandparents with custody of a child in grades kindergarten through 12 or attending a licensed daycare facility with up to 40 hours of unpaid leave per year.

This leave allows employees to participate in school activities, including field trips, school meetings, and childcare provider conferences. However, the leave is capped at eight hours per month.

Employers may require employees to use any accrued vacation time or other paid time off before taking unpaid leave for school activities. Additionally, employees must provide reasonable advance notice of the need for such leave.

Suspension or Expulsion Meeting

California Labor Code Section 230.7 prohibits all employers 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 meetings pursuant to California Education Code section 48900.1.

Paid Sick Leave

When kids bring home the latest virus circulating at school, parents or guardians have the right to use their accrued Paid Sick Leave to care for a child. Paid sick leave under California law allows employees to take time off for the diagnosis, care, or treatment of an existing health condition, as well as preventive care, for both the employee and the employee’s family. At the start of 2024, the amount of mandated paid sick leave increased to five days or 40 hours. In addition, employers should check whether any local sick leave ordinances also apply.

If you have questions about California leave law or related issues contact a Jackson Lewis attorney to discuss.