As the new school year approaches, employers across the United States need to prepare for employee requests for time off to attend school activities and conferences.
Eleven states and Washington, D.C., have laws on the books requiring employers to grant leave for parents attending certain school-related events for their children.
California, Illinois, Indiana, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, and Washington, D.C., all mandate this type of leave in varying forms.
The laws differ significantly in scope, making legal compliance particularly challenging for businesses operating across multiple states simultaneously.
Rhode Island requires employers with at least fifty employees to provide eligible workers with ten hours of unpaid leave per year to attend school conferences or activities for a child, foster child, or legal ward.
A new Indiana law requires employers with at least one employee to provide unpaid leave for attendance conferences or case conferences involving a child, foster child, or stepchild, without specifying a set number of hours.
In Massachusetts, employees who qualify for FMLA leave can also use the Small Necessities Leave Act for an elderly relative’s medical appointment or appointments related to elder care, expanding the scope beyond children.
For remote workers, the laws of the state where the employee is actually performing work will generally apply, which adds another layer of complexity for multistate employers to navigate.
Under the Family and Medical Leave Act, covered employees are also entitled to unpaid time off to attend school meetings discussing their child’s individualized education plan, commonly known as an IEP.
School-aged children may receive an IEP if they have a disability, such as dyslexia, autism, speech impairment, or hearing impairment, meaning a significant number of working parents may qualify for this protected leave.
Employers using geofenced mobile apps, biometric scanners, or other digital attendance technologies must ensure those systems do not inadvertently penalise workers for taking legally protected leave.
Ensuring there is a manual way for an employee or an HR representative to correct or adjust a time entry may help to prevent penalties for taking legally protected leave.
Experts at Ogletree, Deakins, Nash, Smoak and Stewart advise that employers review and update attendance policies to ensure compliance with local, state, and federal laws regarding school activity leave.
Executing decisions about attendance penalties and leave for school activities in a fair and consistent manner may help reduce the risk of discrimination lawsuits based on gender, disability, or other protected characteristics.