If you are a parent of a child who attends kindergarten or grades 1 to 12, or a licensed child care provider, you may need to take time off from work to participate in your child’s school activities, to locate or enroll your child in school or child care, or to deal with school emergencies. However, you may be worried 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 California Labor Code Section 230.8 and how we can help you if your employer violates them.
What is California Labor Code Section 230.8?
California Labor Code Section 230.8 is a California law that prohibits employers with 25 or more employees working at the same location from discharging or discriminating against employees who are parents of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, but no more than eight hours per month, for any of the following purposes:
- To participate in activities of the school or licensed child care provider of his or her child, if the employee gives reasonable notice to the employer of the planned absence.
- To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, if the employee gives reasonable notice to the employer of the planned absence.
- To address a child care provider or school emergency, if the employee gives notice to the employer.
For the purposes of this law, parent includes stepparent, foster parent, guardian, grandparent, or person who stands in the place of a parent for the child.
What are the benefits of California Labor Code Section 230.8?
California Labor Code Section 230.8 provides several benefits for employees who are parents of children who attend school or licensed child care providers. These include:
- The right to take unpaid leave from work for the purposes listed above without fear of losing your job or facing other negative consequences from your employer.
- The right to use your accrued vacation, personal, sick, or compensatory leave for the purposes listed above 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 California Labor Code Section 230.8?
California Labor Code Section 230.8 does not cover every situation where an employee may need to take time off for the purposes listed above. Some of the limitations of this law are:
- It does not require employers to pay employees for the time they spend on the purposes listed above 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 need to take time off for the purposes listed above 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 the purposes listed above.
How can we help you if your employer violates California Labor Code Section 230.8?
If you believe that your employer has violated your rights under California Labor Code Section 230.8 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 participate in your child’s school activities, locate or enroll your child in school or child care, or address a school emergency, 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.
