As students across the country return to school, employers may need to adjust work hours for a variety of scenarios. They may need to provide time off for employees to attend their children's school activities or grant time off so employees can care for a child who has to quarantine. Employees may also ask for a flexible work arrangement to help them balance work and family responsibilities.
To help you handle these types of requests, here's a brief overview of laws that may impact your responses and obligations.
#1: School activities
Federal law:
Currently, there's no federal law that requires employers to provide leave for employees to attend their children's school activities, unless the employer has promised otherwise.
State and local laws:
Several states require employers to provide time off for employees to attend school-related activities. Below is a summary of these requirements.
|
State |
Covered Employers |
Use |
Pay Requirements |
|
California |
Employers with 25 or more employees at the same location. In addition, all employers must grant unpaid time off for employees to attend disciplinary meetings. |
Visit a child's school or licensed childcare provider to find, enroll or re-enroll a child or participate in a child's activities; or address an emergency. |
Employees must generally use accrued vacation or personal leave during the absence. Employees may also use time off without pay if made available by their employer. |
|
District of Columbia |
All D.C. employers |
Attend or participate in a school-related event for a child (performances, meetings with a teacher or counselor, or similar activities). |
Leave is unpaid, unless the employee elects to use accrued vacation or other paid time off. |
|
Illinois |
Employers with 50 or more employees |
Attend school conferences or classroom activities, if such activities cannot be scheduled during non-work hours. |
The employee must use accrued vacation or other paid time off, if available. Otherwise, the leave is unpaid. Employers must generally make a good-faith effort to allow employees to make up missed time during the same workweek. |
|
Massachusetts |
All Massachusetts employers |
Participate in a child's school activities. |
An employee may elect, or the employer may require, the employee to use paid vacation, personal leave, medical or sick leave during the absence. |
|
Minnesota |
All Minnesota employers |
Attend school activities or conferences, or to observe or monitor pre-K or special education programs. |
An employee may use accrued vacation or other paid time off for the absence. |
|
Nevada |
School-Activities Leave: Employers with 50 or more employees. However, all employers are prohibited from taking adverse action against individuals who appear at a conference requested by a school administrator or who are notified during work of an emergency regarding their child. |
Attend school-related activities, school-sponsored events, parent-teacher conferences; and volunteer or otherwise be involved at the school during regular school hours. |
School-activities leave is unpaid. However, the leave is paid if taken under the state's all-purpose leave law.* |
|
New Jersey |
All New Jersey employers |
The leave is provided under the state's sick leave law, which entitles employees to paid time off to attend a child's school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child's education. |
Leave is paid. |
|
North Carolina |
All North Carolina employers |
Attend or be involved in the school attended by the employee's child. |
Leave is unpaid. |
|
Rhode Island |
Employers with 50 or more employees |
Attend school conferences and activities. |
Leave is unpaid. However, an employee may substitute accrued vacation or other paid time off. |
|
Vermont |
Employers with 15 or more employees working an average of 30 or more hours per week |
Attend school activities and attend to certain other family matters, such as accompanying family members to medical, dental and other appointments related to their care and well-being. |
Leave is unpaid. However, an employee may elect to use accrued vacation or other paid time off. |
* Note: Nevada also requires employers with 50 or more employees to provide paid leave to employees to use for any reason, including school activities. In Maine, employers with more than 10 employees must provide paid leave that employees can use for any purpose, including school activities. This is often called all-purpose leave.
See the text of the applicable law for information on which employees are eligible, the amount of leave to which they are entitled, and other details.
#2: School closures and quarantine
Federal law:
Currently, there's no federal law that requires employers to provide leave for employees to care for an asymptomatic child who is quarantining due to close contact with someone with a communicable disease or whose school is closed because of a public health emergency.
Note: If an employee's child has a serious health condition, the employee may be entitled to unpaid leave to care for the child under the federal Family and Medical Leave Act (FMLA). The FMLA covers only employers with 50 or more employees.
State and local laws:
Prior to the pandemic, several states and local jurisdictions had paid sick leave laws or other leave laws that already covered absences related to caring for a child who must quarantine.
During the pandemic, other states and jurisdictions adopted leave requirements for such scenarios. Certain states:
- Amended their existing paid sick leave laws/regulations to cover such absences.
- Established a separate leave entitlement for COVID-19 only.
- Enacted a separate leave entitlement for not only COVID-19 but also other public health emergencies.
- Included leave requirements for COVID-19 in executive orders.
Employers should check their state and local laws, regulations and executive orders to determine their compliance requirements.
#3: Flexible work arrangements
Federal law:
Under federal law, employers aren't required to provide flexible work arrangements, such as allowing employees to work remotely or changing their work schedule, just because an employee has caregiving responsibilities. However, if the employer provides flexible work arrangements to employees, it must do so in a nondiscriminatory manner. For example, an employer would be prohibited from providing flexible work arrangements based on the employee's gender.
State and local laws:
A handful of local jurisdictions give all employees the right to ask for a flexible work arrangement and require employers to follow certain steps when responding to such requests. For example, in San Francisco, unless it would impose an undue hardship on the employer, an employee who has been employed with an employer for six months or more must be permitted a flexible work arrangement to assist with caregiving responsibilities for: 1) a child or children for whom the employee has assumed parental responsibility; 2) a person or persons with a serious health condition in a family relationship with the employee; or 3) a person or persons age 65 or older in a family relationship with the employee. This law applies to employers with 20 or more employees.
#4: Work hours
Federal law:
Under the Fair Labor Standards Act (FLSA), individuals who are 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs. Under the FLSA, permissible work hours for 14- and 15-year-olds are:
- 3 hours on a school day, including Friday
- 18 hours in a school week
- 8 hours on a non-school day
- 40 hours in a non-school week
- Between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
The FLSA doesn't have restrictions on the work hours of 16- and 17-year-old workers, but several states and local jurisdictions do.
State and local laws:
Your state and local jurisdiction may have their own rules establishing restrictions on the work hours of minors. Where federal, state and local child labor laws conflict, the law most protective of the worker generally applies. Keep in mind that several states have amended their child labor rules in the last year or two, so make sure you understand and comply with the current law.
Conclusion:
Make sure your policies and practices comply with applicable laws on leaves of absence, flexible work arrangements, and work hours for minors.