230.8
. (a) (1) An employer who employs 25 or more employees working
at the same location shall not discharge or in any way discriminate
against an employee who is a parent of one or more children of the
age to attend kindergarten or grades 1 to 12, inclusive, or a
licensed child care provider, for taking off up to 40 hours each
year, for the purpose of either of the following child-related
activities:
(A) To find, enroll, or reenroll his or her child in a school or
with a licensed child care provider, or to participate in activities
of the school or licensed child care provider of his or her child, if
the employee, prior to taking the time off, gives reasonable notice
to the employer of the planned absence of the employee. Time off
pursuant to this subparagraph shall not exceed eight hours in any
calendar month of the year.
(B) To address a child care provider or school emergency, if the
employee gives notice to the employer.
(2) If more than one parent of a child is employed by the same
employer at the same worksite, the entitlement under paragraph (1) of
a planned absence as to that child applies, at any one time, only to
the parent who first gives notice to the employer, such that another
parent may take a planned absence simultaneously as to that same
child under the conditions described in paragraph (1) only if he or
she obtains the employer's approval for the requested time off.
(b) (1) The employee shall utilize existing vacation, personal
leave, or compensatory time off for purposes of the planned absence
authorized by this section, unless otherwise provided by a collective
bargaining agreement entered into before January 1, 1995, and in
effect on that date. An employee also may utilize time off without
pay for this purpose, to the extent made available by his or her
employer. The entitlement of any employee under this section shall
not be diminished by any collective bargaining agreement term or
condition that is agreed to on or after January 1, 1995.
(2) Notwithstanding paragraph (1), in the event that all
permanent, full-time employees of an employer are accorded vacation
during the same period of time in the calendar year, an employee of
that employer may not utilize that accrued vacation benefit at any
other time for purposes of the planned absence authorized by this
section.
(c) The employee, if requested by the employer, shall provide
documentation from the school or licensed child care provider as
proof that he or she engaged in child-related activities permitted in
subdivision (a) on a specific date and at a particular time. For
purposes of this subdivision, "documentation" means whatever written
verification of parental participation the school or licensed child
care provider deems appropriate and reasonable.
(d) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
terms and conditions of employment by his or her employer because the
employee has taken time off to engage in child-related activities
permitted in subdivision (a) shall be entitled to reinstatement and
reimbursement for lost wages and work benefits caused by the acts of
the employer. Any employer who willfully refuses to rehire, promote,
or otherwise restore an employee or former employee who has been
determined to be eligible for rehiring or promotion by a grievance
procedure, arbitration, or hearing authorized by law shall be subject
to a civil penalty in an amount equal to three times the amount of
the employee's lost wages and work benefits.
(e) For purposes of this section, the following terms have the
following meanings:
(1) "Parent" means a parent, guardian, stepparent, foster parent,
or grandparent of, or a person who stands in loco parentis to, a
child.
(2) "Child care provider or school emergency" means that an
employee's child cannot remain in a school or with a child care
provider due to one of the following:
(A) The school or child care provider has requested that the child
be picked up, or has an attendance policy, excluding planned
holidays, that prohibits the child from attending or requires the
child to be picked up from the school or child care provider.
(B) Behavioral or discipline problems.
(C) Closure or unexpected unavailability of the school or child
care provider, excluding planned holidays.
(D) A natural disaster, including, but not limited to, fire,
earthquake, or flood.