Back to School & Leave of Absence Requests

As summer winds down, many employees shift their focus from juggling their kids’ free time when school was out, to those infamous back-to-school activities. Employers often see summer vacation requests begin to dwindle and things seem to go “back to business” until the holiday season begins.

A new school year can also bring about other demands for parents and caretakers who need time off from work to deal with school-related issues. As a refresher, California has two specific protections under the Family School Partnership Act: School Appearance Leave and, School Activities Leave.

School Appearance Leave

School Appearance Leave applies to all employees regardless of headcount. This unpaid leave applies when an employee must take time off to appear at their child or ward’s school due to a suspension from class or school. Employers cannot prohibit an employee from taking time to appear, discriminate against them or threaten them with discharge, demotion, suspension, or any other adverse action.

An employer can also request documentation to verify the leave is required by the school. Documentation can be any written verification provided and “deemed appropriate and reasonable” by the school or licensed child care provider.

School Activities Leave

School activities leave applies to employers with 25 or more employees working at the same location. Under this protection employees may take up to 40 hours a year to participate in specified school and child care activities. These activities include situations such as:

• Parent/teacher conferences
• Award ceremonies
• School plays
• Enrolling children in school or a licensed child care provider
• School or child care provider emergencies

Employees should provide advance notice of planned absences for school or child care activities unless it is an emergency, in which case only giving notice is required. If required, an employee must provide documentation form the school or child care provider regarding the activity.

School activities leave can be limited to 8 hours per month except in the case of a school or child care provider emergency, in which cases, the 8-hour monthly limit would not apply. These would be cases where a child cannot remain in school or with the care provider due to:

• The school or care provider requesting the child be picked up
• An attendance policy prohibiting the child from attending (with the exception of planned holidays)
• Behavioral or disciplinary issues
• Unexpected closure of the school or child care provider
• Natural disasters causing the closure or evacuation of the school or care provider.

Employers can also require employees to use any available vacation, PTO, or other personal leave (unless a collective bargaining agreement prohibits it). If more than one parent works at the jobsite, employers can limit the leave to one parent, granting it to the one that requested it first.

Other Leaves to Consider

Some demands on parents and caretakers may fall outside of school appearance or school activities leave. An employee may use any available paid sick leave to care for a child, grandchild, sibling, or a “designated person,” among others. Those with kids know all too well that a return to school and the start of cold and flu season usually means missing school due to illness. Additionally, the California Family Rights Act (CFRA) and the federal FMLA also cover time away for eligible employees to care for family members with serious health conditions.

Employers with 25 or more employees are also subject to additional time off requirements under California’s Crime Victim protections. These could include time away to enroll children in a new school or childcare or to seek, obtain, or provide childcare necessary to ensure their safety.

If you find that you need help with a leave of absence request, reach out to our HR advisors for help. We can provide guidance, toolkits, worksheets, and other resources to meet your needs. Call us today at 800.399.5331 and let us help make the year-end smoother for you.