FIRED FOR SCHOOL VISIT

Parents, you can't be fired if you have to visit your child's school for disciplinary problems. However, time off to attend a sports game does not create wrongful termination if you are fired. There are many employment laws important to parents including statutory sick days which include days off to care for one's child, and California Family Rights Act Leave which is similar, but better than FMLA. Contact our office if you need to sue your employer.

Parents, you have legal rights if you are fired for having to go to your child’s school. California Labor Code Sections 230.7 and 230.8 gives parents certain rights in their employment.

Parents cannot be fired nor discriminated against for:

• Participating in up to 40 hours a year of events at their child’s school if reasonable notice is given and the employer has 25 or more employees.
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• Parents cannot be fired nor discriminated against, regardless of the number of employees at their employer, if parent is required to attend the child's school because the student has done bad things under California Education Code Sections 48900 and 48900.1 which lead to suspension, expulsion, or discipline. These bad acts for which parents must come to the school include students who threatened or actually engaged in physical injury, possessed, sold, or used a dangerous weapon, were under the influence of a controlled substance, attempted to or sold a controlled substance, possessed of used tobacco, smokeless tobacco, committed an obscene act, persisted in using vulgarity, engaged in sexual assault, bullying, harassed another student including through text messages, threatened, or intimidated another student, or engaged in hazing.

If you were fired for attending your child's school, please contact our labor law firm at 1-877-525-0700

WHAT DO I TELL MY EMPLOYER IF I HAVE TO ATTEND MY CHILD’S SCHOOL FOR A LEGALLY PROTECTED REASON?

Employees who must attend their child’s school for a legally protected reason must be explicit in communicating with their employer. Communications should be made in writing, and in a fashion which ensures the employer actually receives the communication. Employees should make sure e-mails have been received, print their e-mails, and obtain proofs of fax. If documents are dropped off the employee should confirm the writing was received by their employer.

It is also important to make sure the appropriate level of management receives the document explaining the circumstances which warrant time off from work to attend to a child’s needs at their school. Sometimes merely giving a written document to one’s supervisor is not enough. Proper transmission of documents concerning workplace leaves should be given to the appropriate levels of human resources including those away from the local worksite.

If the employer refuses to listen claiming privacy or HIPPA would be violated tell the employer you wish to waive the privacy rights of your child because the request for time off from work falls under a workplace law concerning time off from work based upon specific circumstances relating to a child. Be specific in mentioning the reason for attending the child’s school if it falls under California Education Code Sections 48900 or 48900.1 due to disciplinary reasons. If you are not specific you leave an opportunity for your employer to claim they did not know your request for time off from work was legally protected.

ARE ABSENCES TO GO TO MY CHILD’S SCHOOL COVERED BY THE FAMILY MEDICAL LEAVE ACT?

Many employers extend Family Medical Leave Act Coverage, otherwise known as California Family Rights Act (CFRA Leave) in California. Generally requests to attend a child’s school due to disciplinary problems do not fall under the CFRA or FMLA. Nor would a parent teacher conference. FOR GENERAL INFORMATION ABOUT CFRA/FMLA, CLICK HERE

If a child is injured at school and the parent must pick the child up that circumstance may fall under the California Family Rights Act of Family Medical Levae Act. However, the injury would have to qualify as a serious medical condition under those workplace rights laws. Picking up a child because they have the flu, a fever, or a stomach ache would not usually qualify as leave under CFRA or FMLA. Serious medical conditions under those employment laws require multiple medical appointments and regiments of treatment. However, picking up an autistic child because they exhibited characteristics consistent with their diagnosis might qualify as CFRA/FMLA leave even if immediate treatment for the outburst is not sought because the general condition has been the subject matter of treatment for a long time and/or is a disability.

If you have questions about whether having to attend your child’s school is protected by any workplace laws, contact our employee labor lawyers at 1-877-525-0700.Firm Head, Karl Gerber recently tried a case in which an employee had to attend her child’s school due to discipline. He also recently resolved a case in which an employee was fired for going to their child’s school due to disciplinary action by the school.