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Back to School Means Protected Leave

(posted: September 1st, 2018)

Back to school and protected leaves

As back-to-school time approaches (it seems to get earlier each year), keep in mind that school-related leaves may protect your California employees.

Under California's Labor Code, employers with 25 or more employees working at the same location must permit employees to take time off to participate in certain school or child care activities.

Eligible employees include those who are the parents of a child in kindergarten through 12th grade or of a child who stays with a licensed child care provider.

Covered reasons for this type of leave include:

  • Finding and enrolling (or re-enrolling) a child in a school or licensed child care provider.
  • Participating in school or licensed child care provider activities.
  • Addressing a child care provider or school emergency (which includes the unexpected unavailability of the school or licensed child care provider).

The covered employee may take up to 40 hours of total time off each year. The time off can be limited to eight hours in any calendar month unless the leave is used for a school or child care emergency; there is no eight-hour per calendar month limitation on this emergency usage.

Important Note! Protected leaves of absence can not be counted as a violation of your tardiness or attendance policy.

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