Questions Surrounding School Activities Leave
Many California employers and employees are unaware of the School Activities Leave Law, but if you have 25 or more employees, you need to be aware of the implications and workings of this labor code.
Labor code section 230.8 requires employers who have 25 or more employees working at the same location to allow their employees a leave of absence to permit their employees time off for their children’s school activities. The basics around this law include:
Labor code section 230.8 requires employers who have 25 or more employees working at the same location to allow their employees a leave of absence to permit their employees time off for their children’s school activities. The basics around this law include:
- Covers children in Day Care Facilities and K-12
- 40 hours year/8 hours month
- Can require vacation/PTO
- Documentation for attendance
How much time off? Covered employees may take off up to 40 hours each year, not exceeding eight hours in any calendar month of the year, to participate in activities of the school or licensed child day care facility of any of his or her children, if the employee gives reasonable notice to the employer of the planned absence of the employee.
What if two parents work for the same company? If both parents of a child are employed by the same employer at the same worksite, the entitlement applies only to the parent who first gives notice to the employer. The other parent may take a planned absence simultaneously only if he or she obtains the employer's approval.
What about pay? The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee may utilize time off without pay for this purpose with the employer’s permission.
What about documentation? The employee, if requested by the employer, shall provide documentation from the school or licensed child day care facility as proof that he or she participated in school or licensed child day care facility activities on a specific date and at a particular time. "Documentation" means whatever written verification of parental participation the school or licensed child day care facility deems appropriate and reasonable.
No Retaliation: Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to participate in school or licensed child day care facility activities shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
