As children head back to school, California employees may need time away from work for school activities, childcare emergencies, disciplinary meetings, or to care for a sick child. Employers should keep the following California leave protections in mind for the 2026–2027 school year.
School and Childcare Activity Leave
California Labor Code Section 230.8 applies to employers with 25 or more employees working at the same location. It provides certain leave entitlements to employees who are “parents” of children attending kindergarten through grade 12, or a licensed childcare provider.
For purposes of this law, a “parent” includes a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to a child.
Eligible employees may take up to 40 hours each year for either of the following purposes:
- Finding, enrolling, or re-enrolling a child in school or with a licensed childcare provider, or participating in school or childcare activities; or
- Addressing a school or childcare emergency.
Time off for planned activities generally may not exceed eight hours in a calendar month. The monthly limit does not apply to time taken to address a school or childcare emergency.
Employees must provide reasonable advance notice of planned absences and notice of emergency absences. Employers may also request reasonable documentation from the school or childcare provider showing that the employee participated in a covered activity on a particular date and time.
For planned absences, employees generally must use available vacation, personal leave, or compensatory time off. Employees may use unpaid time only to the extent the employer makes it available. Accordingly, Section 230.8 does not require employers to create a separate bank of paid or unpaid leave.
Suspension or Expulsion Meetings
California Labor Code Section 230.7 applies to employers of all sizes. It prohibits an employer from discharging or discriminating against an employee who is the parent or guardian of a student for taking time off to appear at the student’s school at the school’s request under California Education Code Section 48900.1.
The employee must provide reasonable advance notice that the school has requested the employee’s appearance. Employees who experience prohibited discrimination may be entitled to reinstatement and reimbursement for lost wages and benefits.
Paid Sick Leave to Care for a Child
If parents need time for their children’s physicals or when they bring home the latest illness circulating at school, eligible employees may use accrued California paid sick leave for the diagnosis, care, or treatment of a child’s existing health condition or for preventive care. This can include attending a medical appointment or caring for a child who is ill.
California employers must provide at least five days or 40 hours of paid sick leave per year.
Employers should also determine whether a local paid sick leave ordinance applies. Where a local ordinance provides a more generous benefit, employers generally must comply with the more protective requirement, subject to limited areas in which state law preempts conflicting local rules.
Employers should review their leave policies, manager training, and notice procedures before the school year begins and ensure that requests involving school activities, childcare emergencies, disciplinary meetings, and a child’s illness or other preventative care are evaluated under all potentially applicable laws.
If you have questions about California leave requirements or related workplace issues, contact a Jackson Lewis attorney.