School is in session and here is the test: Do you know what school leave laws apply to your company?

Brandon Business Owner was breezing through his morning emails when he stopped short at seeing Emily Employee’s request for time off. Her reason was a school activity at her son’s school. Brandon rolled his eyes in frustration. Two team members had been out sick and it was their busy season. Emily should know this!

Brandon also knew that saying “no” can cause a world of complications with employees – from squelching morale to HR violations. Picking up his phone, he dashed off a text to his consultant, Holly Human Resources. When Holly’s response came back, Brandon was relieved he had asked for her input before responding.

Holly advised Brandon that not only should he say yes – he was required by law to allow his employees to take unpaid leave for school activities. A new law, effective in 2023, prohibits employers from penalizing employees who leave work due to an event at their child’s school.

Brandon blinked at his phone. This was an actual law? He had no idea.

Employees can and should be able to request leave for school related events. Complying with state-specific unpaid school leave laws means understanding how they vary from state to state.

Mandatory Unpaid Leave in Various States and Localities

According to a 2020 survey by the National Center for Education Statistics, parents typically spend an average of 1 hour a week on activities related to their children’s education, such as homework assistance and attending school meetings. In light of the substantial parental involvement in school, some states and localities mandate unpaid leave for non-emergency school-related activities, reflecting societal values on parental participation in education.

The amount of leave varies, typically ranging from 4 to 40 hours per year. The need to stay current on your state’s and local regulations pertaining to your state and city is key.

The state that requires employers to provide the most unpaid leave for school related activities is California, with a cap of 40 hours maximum per year dedicated to school-related time off.

This time can be used for various activities such as finding, enrolling or re-enrolling a school or with a child care provider. It can be used to address an emergency or to attend activities at the school. If the activity is not an emergency appropriate notice must be given.

In an interesting use of existing policy, New Jersey requires employers to offer 40 hours of earned sick leave a year. Employees may use this sick leave time towards school related events if they need to take time off.

Most states require school related leave be applied to companies with a certain number of employees (25+ or 50+ employees). But Washington D.C. requires ANY and ALL businesses to allow their employees to take unpaid school related leave up to 24 hours annually.

Ongoing Employee Compliance

Every state has different laws and some cities even have their own rules pertaining to school leave. To remain compliant, employers should be aware of their rights and those of their employees under these laws. Most student-activities leave laws allow employers to require advanced written notice and documentation from the school. Additionally, employers should check if they fall under the purview of these laws, as penalties for non-compliance can include reinstatement, lost wages reimbursement, and civil penalties.

As we anticipate more states to pass similar laws, expanding the scope of covered activities, it’s vital for employers to keep up with these developments. Clear communication, well-defined policies, and understanding the nuances of these laws are key to navigating this aspect of HR management effectively.

For businesses like Brandon’s, managing compliance with school-related leave laws is an evolving challenge. At ClearPath, we understand these complexities and are here to help you navigate them. Whether it’s staying updated on new laws or developing comprehensive policies, we offer expertise to ensure your business remains compliant and supportive of its employees’ family responsibilities. Contact us for a consultation today.

ClearPath is a leading Human Resources Outsourcing company focusing on assisting employers to leverage the independent contractor labor market. We’re committed to helping business owners stay compliant and minimize the risks associated with their contingent labor requirements.

No Legal Advice Intended. This article includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues.