An employee comes to you asking to take time off to meet with school officials because his child was suspended. Do you have to grant the request? What about for jury duty, or because the employee witnessed a crime? Are you required to permit employees time off to vote?
In addition to the big leave laws, like those relating to disabilities and family leave, California requires employers to permit employees unpaid time off for a variety of reasons that many employers—and employees—may not be aware of. In some instances, employees may be calling in “sick” to attend to these matters. Leave policies that spell out mandatory short-term time-off requirements can help reduce the number of unexpected absences and sick-leave fibs.
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.
What follows is a brief description of the types of unpaid, short-term leave that California employers must provide. For each type of unpaid time off described below, employers must permit employees to elect to use accrued PTO for these purposes, and cannot discriminate or retaliate against employees who request or use the time off.
Time off for school suspensions and activities
- Employers with 25 or more employees must permit their employees up to 40 hours per year (8 hours per month) of unpaid time off to attend school activities.
- All employers, regardless of size, are also required to permit employees to take unpaid time off to address certain matters related to a child’s suspension from school. The law does not specify how much time, in total, must be provided, but states that parental attendance at school for a “portion” of a school day must be permitted.
Time off for crime victims
- All employers must provide victims of domestic violence unpaid time off to seek relief, such as a restraining or protective order, or to take measures to protect the safety, health or welfare of the employee or his or her child. The amount of time that must be provided is not specified by law, but must be determined on a case-by-case basis.
- In addition, employers with 25 or more employees must provide victims of domestic violence or sexual assault unpaid time off to seek counseling, medical or other services from a rape crisis center or shelter. Here again, the amount of time off allowed must be determined on a case-by-case basis.
- Employers of all sizes also must permit employees to take unpaid time off to attend judicial proceedings related to a crime committed against the employee or the employee’s “immediate family member.”
Time off for law enforcement and military personnel
- Employees who are also emergency services personnel, such as volunteer firefighters, reserve peace officers, or rescue workers must be permitted time off to perform emergency duties, as required on a case-by-case basis. Employers with 50 or more employees must also provide a minimum of up to 14 unpaid days off per year to permit employees to attend fire or law enforcement training.
- Employees who are members of the Reserves, National Guard or Naval Militia must be permitted up to 17 days of unpaid time off per calendar year (including travel time) to participate in military training, drills, encampment, naval cruises, special exercises or similar activity.
Time off for civic activities
- All employees must be permitted unpaid time off for jury duty and witness duty for whatever amount of time the court requires.
- All employees must also be permitted a minimum of two hours off to vote in elections, whether federal, state, or local. Unless otherwise agreed upon, the time must be permitted at either the beginning or end of the work day.
Time off for drug or alcohol treatment and literacy education
- Employers of 25 or more employees must permit unpaid time off for employees to seek treatment for a drug or alcohol rehabilitation, as a “reasonable accommodation,” for an amount of time to be determined on a case-by-case basis.
- Similarly, as a “reasonable accommodation” and for an amount of time determined on a case-by-case basis, employees must be permitted unpaid time off to pursue literacy education.