Achieving a balance between being there for one’s kids and providing for them is one of the greatest challenges faced by working parents’ in today’s society. In fact, the Bureau of Labor Statistics, Department of Labor, estimates that 90.7% of families with children under the age of 18 have at least one employed parent, and 62.2% of married couple families with children have two employed parents.1
In 2008, seven out of 10 mothers with children under 18 years old were in the labor force. Over half of all mothers regularly worked full time last year.2 “Most children – 70 percent – grow up in a family with either a working single parent or with two parents who both work.”3
As school-age children head back to the classroom this month, one of the challenges that oftentimes arises for working parents is balancing work requirements and attendance at school functions such as parent-teacher conferences, class parties, meetings, volunteer activities, assemblies, and other extracurricular activities. Parental presence at school proves to be particularly tricky for employees at companies lacking flexible leave and hours policies. One working mother reflected years later over the angst she felt when torn between her job and participating in her daughter’s school holiday party:
“When my (now twenty-something) daughter was four years old, her daycare class had a Thanksgiving program. I had just started a new 8-5 job as a sales support assistant, and right after I started, the company announced that we would all have to work overtime for the next two months to fill orders. I explained to my female boss that I couldn’t work that late, because I had to pick up my kids from daycare by 5:30 pm, and her reaction was pretty negative. There was no way I was going to ask her if I could have a couple of hours off to go to a Thanksgiving party in the middle of the day. I picked up my daughter after school and asked her how the program was, what the food was like and if there were a lot of moms and dads there. Her response was simply ‘you weren’t there.’ Many years later I still vividly remember that moment, because it really tore me up.”
Even workers with more schedule flexibility feel the tug of competing interests, and the pressure to avoid stereotypical stigmas attached to caregivers in the workplace. A father who is a partner in a large accounting firm describes his experience as follows:
“My own dad was a teacher, and usually able to attend my little league games and practices when I was growing up. That meant a lot to me, and I want to do the same for my kids. I don’t punch the clock, so when I need to leave to attend something for my family, I don’t have to ask permission to do so or tell anyone where I am going. But I certainly don’t broadcast that I am going to a school function. Given the fact that my firm has undergone a recent series of reductions in force, I keep this on the down-low. No one can afford to be dispensable right now.”
Shifting Attitudes
Responding to concerns such as these, over the last decade, many employers have began to offer flexible work schedules and leave policies (for example, paid time off that can be used for whatever reason the employee chooses) affording employees more opportunities to participate in their children’s educational activities. This practice has been lauded and strongly encouraged by nationwide work-life balance advocacy groups4, and by the Equal Employment Opportunity Commission. In April 2009 the EEOC issued Employer Best Practices for Workers with Caregiving Responsibilities, as supplemental guidance to its’ 2007 Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. The document provides “examples of best practices for employers that go beyond federal nondiscrimination requirements and that are designed to remove barriers to equal employment opportunities.” While much of the guidance is geared towards promoting awareness and avoidance of stereotypical attitudes towards employees with caregiver responsibilities, the general tone of the document promotes a movement towards achieving greater work-life balance for employees.
The Legislative Landscape
Lawmakers over the past fifteen years have also demonstrated a willingness to provide employees with leave rights in this area. In the last three months alone the legislatures in two states (Colorado and Nevada) have passed legislation affording employees significant increases in school visitation leave rights. The proposed amendments to the federal Family and Medical Leave Act, and current state legislation related to this issue are outlined below:
A Bill to Watch: In February 2009, Representative Carolyn Maloney (D-NJ) introduced the Family and Medical Leave Enhancement Act of 2009, to amend the FMLA to allow employees (both public and private) unpaid leave to participate in or attend their children or grandchildren’s school or community organization activities (i.e. parent/teacher conferences, scouting or sport events).5 This leave is in addition to other forms of leave under the FMLA. As introduced, the bill would provide for up to four hours of leave in any 30-day period, not to exceed 24 hours during any 12-month period.6 Other features of the bill as introduced provide that:
- The employer may require, or the employee may elect, to substitute any accrued but unused paid vacation, personal, or family leave
- An employee is required to provide at least seven days notice or as much notice as is practicable before the leave is to commence
- The employer may require certification.
The bill was referred to the Subcommittee on Workforce Protections on March 22, 2009, and the Subcommittee on Federal Workforce, Post Office and the District of Columbia on May 3, 2009. Co-sponsors of the act include approximately 23 Democratic Representatives from states such as Connecticut, California, Massachusetts, New York, Washington, Arizona, Texas, North Carolina, Michigan, Vermont New Jersey and Florida. Similar legislation has been unsuccessfully introduced several times in the past decade. However, the chances of success are now much greater given the fact that the Obama Administration lists expanding FMLA leave to include parental school leave as a key employment law initiative.
State Legislation: As of August 2009, twelve states and the District of Columbia afford some type of statutory leave to attend school and/or daycare functions and conferences. A summary of these laws and what they provide follows:
| State |
Statute |
Covered Employers |
Employees Covered |
Children Covered |
Activities Covered |
Amount of Leave |
Use of Accrued Time |
Employee Requirements |
| CA |
Cal. Labor Code §§ 230.7 & 230.8 |
25 or more employees |
Parent, guardian or custodial grandparent |
K-12 or attending licensed daycare |
Activities of the school or licensed day care facility |
Up to 40 hours per year, not exceeding 8 hours in any calendar month |
Employee shall utilize existing vacation, personal leave or comp time for purposes of the planned absence; employee may also utilize time off without pay |
-Must provide “Reasonable notice”
-Employer may require documentation |
| CO |
Parental Involvement in K-12 Education Act, H.B. 1057, (took effect Aug. 4 ,2009 |
50 or more employees, except those for which leave could endanger the health or safety of others, such as medical facilities; public and private |
Non-supervisory employees; Part-time employees are entitled to a prorated leave amount; Parent is defined as the person or persons who have primary legal responsibility for the child |
|
Parent-teacher conferences and other school related activities such as meetings related to special education services, dropout prevention, attendance/truancy and disciplinary issues |
Up to 18 hours of unpaid leave per school year or six hours in a single month; employers may require that the leave be taken in no more than three-hour increments |
|
-Employees must provide notice of the need for leave at least one week in advance, except in emergencies
-Employers can require written verification |
| DC |
D.C. Statute § 32-1202 |
All employers |
Parent includes individuals that act as guardians and can include uncles |
Child |
To attend or participate in any school related activity of child; also a day of leave on 4/16 (DC Emancipation day) |
Total of 24 hours during any 12 month period -Employer may deny the leave only if the granting of leave would disrupt business, etc. |
Unpaid, unless the parent or employee elects to use any paid family, vacation, personal compensatory or leave bank leave accrued |
-Employee must provide notice at least 10 days in advance, unless , in the case of a school related event, the need to attend cannot be reasonably foreseen
-Employer can deny if it would disrupt business, etc. |
| IL |
820 ILCS 147/15 et seq. |
Public and private employers w/ at least 50 employees in IL |
“Employee” |
“Employee’s child” |
School Conferences or classroom activities, if the same cannot be scheduled during non-work hours |
Up to a total of 8 hours during any school year, and no more than 4 hrs of which may be taken on any given day |
Employee must first exhaust all accrued vacation, personal, compensatory and any other leave that may be granted other than sick and disability leave |
|
| LA |
La. R.S. §23: 1015.2 (statute says an employer “may” grant)7 |
“Employer” |
“Employee” |
Employee’s dependent children for whom he is the legal guardian |
Conferences or classroom activities at school or daycare, if cannot be scheduled during employee’s non-work hours |
Up to 16 hours per 12 month period |
Unpaid leave; employee may substitute any accrued vacation or other paid leave |
-Shall provide “reasonable notice”
-Employee must make reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer |
| MA |
Mass. Ann. Laws Chapter 149 § 52D |
50 or more employees |
“Eligible employee, which is defined the same as the FMLA |
Son or daughter |
Activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school |
Total of 24 hours of leave during any 12-month period; may be taken intermittently or on a reduced leave schedule |
Unpaid, but eligible employee may elect, or employer may require substitution accrued paid vacation, personal, medical or sick leave |
-If need is foreseeable, employees must provide not less than 7 days notice; if not foreseeable, “such notice as is practicable.” |
| MN |
Minn. Stat. §181.9412 |
21 or more employees |
Employee |
Employee’s Child |
To attend school conferences or school-related activities, or if the child received child-care services of attends Pre-K, may also observe and monitor the services or program (provided, for all, that the activity cannot be scheduled during non-work hours) |
Total of 24 hours during any 12 month period
-Employer may deny the leave only if the granting of leave would disrupt business, etc. |
Unpaid, except that an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of the leave |
-If the need is foreseeable must provide “reasonable notice”
-Employee must make reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer |
| NV |
Nev. Rev. Stat. § 392.920, as amended by AB 243
|
Employers of 50 or more employees |
Parent, guardian or custodian of a child in public or private school |
Per child basis |
Parent-teacher conferences, school-related activities during regular hours, volunteering or involvement at school, attendance at other school-related events. 8 |
Up to 4 hours for each child, taken in increments of at least one hour |
Unpaid |
-Request in writing five days prior
-Employer may require documentation
-Both must confer on timing on the leave, and it must be taken at a time “mutually agreed upon” |
| NC |
N.C. Gen. Stat. § 95-28. |
All |
Parent, guardian or person standing in loco parentis |
School-aged child |
Attendance or involvement at that child’s school |
4 hours per year |
Unpaid |
-Employer may require written request for leave at least 48 hours in advance
-Leave shall be at a mutually agreed upon time
-The employer may require written verification |
| RI |
R.I. Gen. Laws § 28-48-12 |
50 or more employees, except those for which leave could endanger the health or safety of others, such as medical facilities; public and private |
Parent, foster parent, guardian who have worked for 1 year and who work at least 30 hours per week |
Child |
School conferences and other school related activities such as meetings related to special education services, dropout prevention, attendance/truancy and disciplinary issues |
Up to 10 hours of leave during any 12 month period |
Unpaid, except that an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of the leave under this section |
-Employees must provide notice of the need for leave at least one week in advance, except in emergencies
-Employers can require written verification |
| TN |
49-6-7001(b) |
State of TN |
State employee |
|
Participation in the educational and teaching process |
Up to one day a month from work |
|
-Subject to departmental or supervisor approval
-May be asked for written documentation |
| TX |
Tex. Govt. Code §661.206 |
State of TX |
State employee; person standing in parental relation |
Children in Pre-K through 12 |
Parent-teacher conferences |
Up to eight hours of sick leave each calendar year |
Sick leave |
-Reasonable advance notice |
| VT |
Vt. Stat. Ann. Title 21§ 472a |
15 or more employees |
Employees employed for an average of at least 30 hours per week for one year |
Child, stepchild, foster child or ward who lives with the employee |
Preschool or school activities directly related to academic educational advancement;
The leave allotment includes other time off to attend medical appointments as specified in the statute |
Not to exceed 4 hours in any 30 -day period, and not to exceed 24 hours in any 12- month period;
Employer may require a minimum of 2 hour segments |
Unpaid leave, but at the employee’s discretion the employee may use accrued paid leave, including vacation and personal leave |
-Provide earliest possible notice, but in no case later than 7 days before leave is to be taken, except in an emergency; Employee must make reasonable attempt to schedule during non-work hours |
None of these statutes require the leave to be paid. Several statutes provide that the leave shall not affect the employee’s entitlement to accrual of benefits or seniority. Several also provide specifically that an employer may not discharge or otherwise discriminate against employees for exercising this right.
Arkansas, Utah and Tennessee have statutes that encourage private employers to provide for educational leave, but do not provide for any specific leave provisions or penalties for failure to do so.
A bill in Georgia (the Parent Protection Act, HB 37) has been introduced that would provide for unpaid parental leave9 to attend a school conference for the employee’s child, when the conference cannot reasonably be scheduled during non-work hours. Similar to existing state laws, this bill would provide for reasonable notice, allow employers to require written requests at least 48 hours before the planned absence, and allow employers to require written verification of the need for the leave. It also would also allow employers to require employees to take leave in increments of no less than two hours. The bill provides that small employers (with 10 or fewer employees at the same location) would be allowed to reasonably limit the number of employees allowed to take a personal absence on the same day.
Balancing the competing interests of employers and employees: Practical Tips for Employers
So what does all of this mean for employers? Obviously, incorporating as much leave flexibility as is possible within your business model will lead to a more productive and positive workforce. Here are some practical tips of how to proactively manage the potentially competing interests that may arise in this area:
- Review the law in the states in which you operate to determine if there is protected leave available; if so, revise your employee handbook in these states to address this leave
- Consider whether caregiver grandparents and step-parents, or others with legal custody, are to be afforded coverage
- Incorporate written advance notice requirements in compliance with the relevant law, to avoid after-the-fact employee claims that “I told my supervisor it was protected leave to attend a school conference” and draft a standard form to use for this purpose
- School conference schedules are often set months in advance. Remind employees to check school calendars in September and January, and to discuss their plans with their supervisors to minimize disruption to the workforce
- Consider possible FLSA considerations if your policy provides for unpaid leave for exempt employees in increments of less than a day
- Consider referencing your policy on partial day absences and use of paid leave for exempt employees due to FLSA concerns
- If your policies do not provide for school visitation or parent-teacher conference leave, but do provide for paid time off to be used at the employee’s discretion, consider mentioning this as a possible use of the leave in the PTO policy
- Regardless if you provide specific leave for educational or parent-teacher conferences, or simply allow for this under paid time off, train supervisors to avoid making any comments expressing anti-caregiver stereotypes in discussions with employees who seek to take leave to attend school conferences, etc. (such as asking a male employee with a wife who does not work outside the home, “isn’t t that something your wife could just cover for you?”)
- Train supervisors to avoid the appearance of disparate treatment of employees requesting school activities leave. For example, if a supervisor denies an employee’s request to attend a parent-teacher conference because the employee failed to provide the requisite notice, and then the next day allows another employee to attend a last-minute request to attend a baseball game in the middle of the afternoon, it is imperative that the supervisor have a legitimate business reason for this difference in treatment. Otherwise, the company may risk a claim of EEO caregiver discrimination (regardless if state law provides for protected school activities leave)
- Train supervisors to avoid the appearance of discrimination or retaliation against employees who exercise their rights to take school activities leave (avoiding negative comments about the employee taking time off)
With advance planning, employers can utilize this trend as a value added incentive designed to build harmonious workplace relations and improve retention levels.
[1] See Bureau of Labor Statistics, Department of Labor, Employment Characteristics of Families, Table 4 (2008), as quoted in “Employer Best Practices for Workers with Caregiving Responsibilities (EEOC 2009).”
[2]“Women in the Recession: Working Mothers Face High Rates of Unemployment”, US Congress Joint Economic Committee. A REPORT BY THE JOINT ECONOMIC COMMITTEE ,REPRESENTATIVE CAROLYN B. MALONEY, 2 Id.
[3] “Best Practices to Avoid Discrimination Against Caregiver: Meeting with the EEOC” (April 2009) (statement of Heather Boushey, Senior Economist, Center for American Progress Action Fund).
[4] The advocacy groups include The National Partnership for Women & Families and The Center for WorkLife Law at UC Hastings.
[5] The bill also seeks to amend the FMLA to cover employees at worksites having between 25-50 employees.
[6] The bill as introduced would provide for leave for medical and dental appointments of the employee’s spouse, child or grandchild, and to provide for the care needs of related elderly individuals, including visits to nursing home and group homes, These additional leave categories would be included in the total leave time of up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period.
[7] There is no requirement that employers provide this leave and no enforcement provisions in the event leave is not granted.
[8] There is a separate provision for leave for an administrator–requested conference, or an emergency regarding an employee’s child (exclusive of the 4 hour allotment)
[9] An employee would be allowed to take accrued paid (such as personal, sick, compensatory, or any other similar employer-provided leave) or unpaid leave. |