If you are a parent or guardian of a student who has been suspended from school, you may be required to appear at the school to discuss the suspension with the school authorities. However, you may be concerned about how your employer will react to your absence. Will you lose your pay, benefits, or even your job for taking time off to attend to your child’s education? What if your employer retaliates against you for performing your parental duty? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under Labor Code Section 230.7 and how we can help you if your employer violates them.
What is Labor Code Section 230.7?
Labor Code Section 230.7 is a California law that prohibits employers from discharging or discriminating against employees who are parents or guardians of students for taking time off to appear at the school of a student pursuant to a request made under Education Code Section 48900.1. This section of the Education Code requires the parent or guardian of a student who has been suspended from school to attend a portion of a school day in the classroom of his or her child or ward. The purpose of this requirement is to involve the parent or guardian in the solution of the student’s behavioral problems and to improve communication between the school and the parent or guardian.
What are the benefits of Labor Code Section 230.7?
Labor Code Section 230.7 provides several benefits for employees who are parents or guardians of students who have been suspended from school. These include:
- The right to take unpaid leave from work to appear at the school of a student pursuant to a request made under Education Code Section 48900.1 without fear of losing your job or facing other negative consequences from your employer.
- The right to use your accrued vacation, personal, or sick leave for this purpose if you choose to do so.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer discharges, discriminates, or retaliates against you for exercising your rights under this law.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of Labor Code Section 230.7?
Labor Code Section 230.7 does not cover every situation where an employee may need to take time off to appear at the school of a student who has been suspended. Some of the limitations of this law are:
- It does not require employers to pay employees for the time they spend on this purpose unless the employer has a policy or agreement to do so.
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales, and certain computer employees.
- It does not protect employees who fail to give reasonable notice to their employers that they are required to appear at the school of a student who has been suspended unless the notice is not feasible.
- It does not protect employees who abuse their rights under this law by taking excessive or unnecessary time off for this purpose.
How can we help you if your employer violates Labor Code Section 230.7?
If you believe that your employer has violated your rights under Labor Code Section 230.7 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for taking time off to appear at the school of a student who has been suspended, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
