As students across California return to school, many employees will need time off to support their children. Whether attending a teacher conference, helping a child enroll in school, or handling an unexpected school emergency, it is important for employers to understand their obligations under California law. This includes School Appearance & Activities Leave in California. HRDelivered provides guidance to help your organization remain compliant while supporting employees.
School Activities Leave in California
California school activities leave requires employers with 25 or more employees at the same location to allow eligible employees to take time off for school or childcare activities.
Who is Covered Under California School Activities Leave?
“Parents” includes parents, guardians, stepparents, foster parents, grandparents, and anyone standing in loco parentis. Loco parentis is a Latin term that means “in the place of a parent.”
What is Covered Under School Activities Leave?
- Finding, enrolling, or re-enrolling a child in school or with a licensed childcare provider
- Attending school or childcare activities, such as teacher conferences, award ceremonies, or school plays
- Addressing emergencies, including situations where a school or childcare provider requests the child be picked up, behavioral or discipline issues, unexpected closures, or natural disasters such as fire, flood, or earthquake
California School Activities Leave Time limits and notice:
- Maximum 40 hours per year
- Maximum 8 hours per month for planned activities
- Emergency leave is not subject to the monthly limit
- Employees must give reasonable advance notice for planned absences. For emergencies, notice is required as soon as possible.
Other Considerations of School Activities Leave:
- If both parents work at the same location, leave can be limited to the first parent requesting time off
- Leave is unpaid, but employees may use vacation, PTO, or other personal leave
- Leave is job protected, and retaliation or discrimination is prohibited. Violations may result in reimbursement of lost wages and benefits, and in some cases, penalties of up to three times the amount of lost wages and benefits
Reference: California Labor Code Section 230.8
California School Appearance Leave
California law also protects employees who must appear at a child’s or ward’s school in connection with disciplinary action, such as a suspension. This leave applies to all employers, regardless of size.
Key points of California School Appearance Leave
- This leave is unpaid, though employees may choose to use accrued vacation or PTO.
- Employers cannot discriminate or retaliate against employees taking this leave
- Employers may request written notice or other certification from the school confirming the employee’s presence is required
- Pay is required only for hours actually worked. California school appearance leave does not require payment for the full day if the employee leaves early
Reference: California Labor Code Section 230.7 and Education Code Sections 48900.1 through 48900.3
Paid Sick Leave in California
While School Activities and Appearance Leave are primarily unpaid, employees may still need paid time off to care for sick children under California law. California’s mandatory paid sick leave law allows employees to use accrued leave to care for children, stepchildren, foster children, and other family members as defined by law.
As of January 2024:
- Employees are entitled to at least 40 hours or 5 days per year of paid sick leave
- Accrual cap is 80 hours or 10 days for employees who accrue leave over time
Local ordinances in cities such as Los Angeles, San Francisco, Oakland, and others may provide additional requirements. Employers should review policies carefully for employees working remotely or across multiple jurisdictions.
Employee Leave Tips for California Employers
- Include School Activities Leave and School Appearance Leave in your employee handbook
- Communicate policies clearly and apply them consistently
- Base approvals on objective factors such as staffing needs and timing, not personal judgment
Supporting employees in balancing work and family obligations helps maintain compliance and fosters a positive workplace culture. For questions about California school-related leaves or assistance updating your policies or handbook, reach out to your dedicated HR Consultant or email hr@hrdelivered.com.
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