Written by attorney Rodney Mesriani

FAQs Regarding the Rights of Employees under Family School Partnership Act

Certain Los Angeles employers do not know their legal obligations under California Labor Code section 230.9, or the Family School Partnership Act. Pursuant to the Code, California-based employees who have school age children have the right to take a leave to participate in particular school activities. The Act aims to encourage parents to participate in school activities in order to improve their relationship with their children. Now that the school days are back, employment and labor attorney advise employers and employees to know their responsibilities and rights under the Act. The following are the answers to frequently asked questions regarding Family School Partnership Act: 1. Who are covered under the Act? California employers who have 25 or more workers are legally required to abide with the provisions set by the Act. 2. Who may be eligible to take leaves? Pursuant to the instructions of the Act, a worker who is a parent or guardian of one or more children in kindergarten or grades one to 12 may be eligible for the leave benefit. 3. What are the valid reasons for taking up the leave? If an eligible employee needs to attend or participate in his or her child/children’s school activities, he or she may take up a leave. 4. How many hours of leave an eligible employee can take? Covered employees may take off up to 40 hours each year, and not exceeding eight hours in any business month of the year. 5. What should an employee who is planning to take a leave do? Under the Act, an employee intending to take a leave must give notice to his or her employer about the planned absence. 6. Is documentation required? Yes. If you are planning to file make use of the Act’s leave benefits, you will need to provide your employer the proper documentation from the school of your child. The documentation must be a written verification that the employee participated in a school activity. In case that a covered employer fails to provide his or her qualified employees of leave benefits under California Labor Code 230.9, the affected workers may seek legal help from employment and labor law attorneys. The afflicted employee together with his or her attorney may file a discrimination charge against the involved employer. If the employer is proven to have discriminated against the worker, he or she may be required to reinstate, or to provide lost wages and benefits to the employee.

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