LABOR CODE § 230.8 — SCHOOL RELATED EMERGENCY LEAVE

• Use When
  • Civil authorities have closed child’s school or daycare due to COVID-19
  • Child is now unable to remain at school or with child care provider
• Eligibility
  • To qualify for school activities/ school emergency leave:
    • EE must be a “parent”; and
    • Work for ER with 25 or more EEs working at the same location; and
    • Have a child of the age to attend kindergarten or grades 1- 12; or
    • Be a licensed child care provider
  • “Parent” also includes grandparents, stepparents, foster parents, etc.
• Benefit Details
  • 40 hours of leave per year
  • ER may required EE exhaust any available vacation, PTO, comp time
    • Only then can EE claim additional unpaid leave
    • BUT ER cannot mandate that EEs first exhaust paid sick leave
• Additional information