California Leave Entitlements Available to Parents

As kids are now back in school, California employees with children may need time off from work 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 (also called the Family-School Partnership Act), employers with 25 or more employees working at the same location must provide parents, guardians, or grandparents who have custody of a child in grades kindergarten through 12 (or a child attending a licensed day care 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 conferences with teachers or child care providers. 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 allowing them to take unpaid leave for school activities. Additionally, employees must provide reasonable advance notice of the need for such a leave.

Suspension or Expulsion Meetings

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 child’s school for purposes of suspension or expulsion meetings, pursuant to California Education Code Section 48900.1.

Paid Sick Leave

When an employee’s kid brings home the latest virus circulating at their school, the parent or guardian has the right to use their accrued paid sick leave to care for their sick child. Paid sick leave under California law allows employees to take time off for preventive care along with the diagnosis, care, and treatment of an existing health condition 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 per year. In addition, employers should check whether any local sick leave ordinances also apply.

Susan E. Groff and Cecilie E. Read are attorneys with Jackson Lewis in Los Angeles. © 2024 Jackson Lewis. All rights reserved. Reposted with permission.