California state law allows up to 40 hours a year to attend school functions with your child. At my job we are on a point system where we are given a point for time missed from work other than vacation, loa, or FMLA. I asked my employer about taking a day off without pay to attend a school function with my son, and was told I would have to use vacation as overtime would have to be paid. I again said I wanted a day off without pay. I was told that if I took a day off without pay then it would go down as an unavailable and I would get a point. Is this allowed? I feel this would penalize any employee wanting to use this time off that is allowed by law.