Leave for Participation in K-12 Activities
To provide direction on use of leave to allow for involvement in school activities for parent or guardian of a child in kindergarten through grade 12. In accordance with the "Family School Partnership Act" amended to the Labor Code to include state employees.
- No employer shall discharge or discriminate against an employee who is a parent, guardian, or grandparent having custody of one or more children in K-12, for taking off up to 40 hours each school year, not to exceed eight (8) hours in a month of the school year, to participate in activities of the school.
- Prior to taking the time off the employee shall give reasonable notice to the employer of the planned absence.
- When both parents are employed by the same employer at the same work site, the entitlement applies only to the parent who gives first notice to the employer.
- The other parent must take a planned absence simultaneously for the same child only if approval for the time off has been granted by the employer.
- The employee shall utilize existing vacation, personal business leave, or compensatory time off for purposes of the planned absence authorized by the bill.
- An employee may also utilize time off without pay for this purpose.
- The entitlement of any employee under this bill shall not be diminished by any collective bargaining agreement term or condition agreed on or after January 1, 1995
- Where a group of employees is accorded vacation during the same period of time in the calendar year (i.e. ten month assignments), the employee may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this bill.
- Any employee who is discharged or in any way discriminated against for exercising their right to time off for this purpose is entitled to reinstatement of lost wages and benefits.
- The employee shall request the planned absence on the appropriate District form. (vacation request form, etc.).
- Upon approval of the manager/supervisor, the employee shall take the planned absence and provide documentation from the school as proof that participation in the school activity took place.
- For purposes of this instruction, documentation means whatever written verification of parental participation the school deems appropriate and reasonable.
- Reporting of the absence will be in the same manner as other absences on the appropriate time reporting document.