Do I have to allow my employee to attend her grandson’s high school graduation?

You may be required to allow your employee to attend the graduation if the School Activities Leave law applies.

Employers with 25 or more employees are prohibited from discriminating against or terminating an employee for taking time off work to participate in school activities provided that the employee provides reasonable notice of the planned absence.

California Labor Code Section 230.8 requires employers of 25 or more employees working at the same location to allow time off work — up to eight hours per month and 40 hours per year — for employees to participate in their child’s school activities from kindergarten through grade 12.

This law applies to a parent, guardian, stepparent, foster parent, grandparent or person who stands in loco parentis to a child.

Although the law clearly covers the grandmother, it is less clear whether the graduation is considered a school activity as the law doesn’t define it and no regulations or court decisions interpret what activities would be included in the term “school activity.”

Certainly, high school graduation is the culmination of the child’s successful participation in school activities.

If the employee satisfies the reasonable notice requirement and believes that they have been denied school activity leave or was terminated for having used it, the employee may file a claim and may be entitled to reinstatement and reimbursement for lost pay and benefits.

Before an employer takes any adverse action against an employee, the employer should consult legal counsel.

Read more about School and Child Care Activities Leave in the HR Library.