Back to School — A Refresher on Child-Related Leaves

Employment

Back to School — A Refresher on Child-Related Leaves

As the school year begins, employers face employee requests for time off related to their children. The main child-related leaves:

SCHOOL / LICENSED CHILD CARE ACTIVITIES LEAVE (employers of 25 or more at the same location). A parent of a child attending K-12 or licensed child care may take up to 40 hours off per year to: find, enroll or re-enroll the child in school or licensed child care; participate in the child’s school or child care activities (conferences, field trips, classroom activities); or address a child care provider or school emergency. “Parent” includes a guardian, stepparent, foster parent, grandparent, or person in loco parentis. A “child care provider or school emergency” means the child cannot remain in school or with the provider due to a request/policy to pick up the child, behavioral or discipline problems, closure or unexpected unavailability, or a natural disaster (planned holiday closures do not count). Employees must give reasonable advance notice (as soon as practical for emergencies). Accrued sick leave may be used and the employer may require use of accrued sick leave or vacation/PTO; nonexempt employees without accrued time take it unpaid; exempt employees’ banks may be reduced but salary cannot be unless a full week is missed. Employers may require documentation of attendance.

LEAVE TO APPEAR AT SCHOOL FOLLOWING A CHILD’S SUSPENSION (all employers). A parent/guardian may take time off, on reasonable advance notice, to appear at school in connection with a child’s suspension.

USE OF SICK LEAVE TO CARE FOR SICK CHILDREN (all employers). California requires employers to provide paid sick leave that can be used for the diagnosis, care or treatment of an employee’s child or for preventive care. “Child” includes biological, adoptive, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency. Up to 100% of the employee’s sick leave may be used for their child (a change from the prior 50% Kin Care rule).

AGRICULTURE INDUSTRY NOTE: AB 1066 would eliminate the 10-hour daily / 60-hour weekly agricultural overtime standards and adopt the 8-hour daily / 40-hour weekly standards, phasing in starting 2019 (25+ employees) and 2022 (25 or fewer).

Originally distributed as a PDF bulletin. View the original PDF.

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