It’s hard to believe, but many schools will be back in session in just a few weeks, which means that parents may be called upon to make an appearance at their children’s schools. Now’s a good time for employers to review the rules regarding when parents can take work leave to participate in their kids’ school activities.
If you have 25 or more employees, an employee who is a parent, guardian, or grandparent with custody of a child in grades K through 12, or attending a licensed day care facility, is entitled to take off up to 40 hours each year (no more than 8 hours each month) to participate in the activities of the school or day care. The employee must give you reasonable advance notice and must use accrued vacation, personal, or comp time for the time off. The employee can also use unpaid time off, to the extent made available by the employer.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
At your request, the employee must provide documentation from the school or daycare as proof that the employee participated in the facility’s activities on a specific date and at a particular time. Note that if both parents are employed by you at the same worksite, the leave entitlement applies only to the parent who first gives you notice. The other parent may take a planned absence only with your approval. It is illegal to discharge or otherwise discriminate against an employee for taking leave under this law.
Another law, which applies to all employers regardless of size, prohibits terminating or discriminating against an employee who is a parent or guardian for taking time off to appear at the child’s school because of a suspension or expulsion. Again, the employee must give you reasonable notice before taking the leave.
Additional Resources:
More articles on Leaves of Absence
Checklist for Parental School Visits (Requires subscription or trial)