Aligning Your Benefits with State School Activity Leave Laws

’Tis the season for children’s school holiday programs, but does your organization provide (perhaps based on state mandates) any leave for working parents to attend?

Currently, eight U.S. states (California, Illinois, Massachusetts, Minnesota, Nevada, North Carolina, Rhode Island and Vermont) and the District of Columbia have school activity leave laws, where employers must give employees time off to attend their child’s educational-based activities throughout the school year, with or without paid time off (PTO).

Employer school activity leave policies — resulting from or independent of such laws — are increasingly important as parent expectations have changed, said Meghan Pistritto, a vice president and product lead of disability, state paid leave and well-being at Prudential Group Insurance.

“Many school assemblies and meetings now occur during regular working hours rather than after work, making parental attendance more difficult without employer support,” she said. “At the same time, there has been a shift in household expectations and gender roles, with families moving toward more shared responsibilities at home rather than one parent taking on the majority of caregiving. This means both parents may need flexibility to contribute equally to school and family activities.”

This article defines school activity leave eligibility, offers ways to implement such a program, and explains how this leave can benefit your employees.

What Qualifies as School Activity Leave?

School activity leave is different from the federal Family and Medical Leave Act (FMLA) in a number of ways, according to Nicholas Beckman, a senior health consultant at HR and benefits consulting firm Segal. He noted:

• FMLA is tied to serious health conditions and certain family events, while school activity leave covers routine educational activities.
• FMLA generally applies to employers with more than 50 employees; school activity laws can apply to smaller employers depending on jurisdiction.
• Some jurisdictions allow paid time for school activities, while the FMLA is always unpaid.
• School activity leave often has annual hour caps that differ from the structure of the FMLA.

The specifics of school activity leave laws vary by state, but there are generally a few common provisions:

• Eligibility. School activity leave laws generally apply to parents, guardians, foster parents or custodial grandparents.
• Covered employers. Laws are often limited to employers with 25 or more employees, though some states have smaller thresholds or cover all employers.
• Amount of leave. These laws typically provide a limited amount of unpaid leave (anywhere from four to 40 hours per year).
• Paid versus unpaid leave. In most states, this leave is unpaid, though employees may use accrued vacation or personal time.
• Notice and documentation. Employees are typically required to provide advance notice and, in some cases, verification from the school.
• Job protection. Employers cannot retaliate against employees for exercising their right to this leave.

For example:

• In California, under the Family School Partnership Act, employers with 25 or more employees must provide parents, guardians or grandparents with up to 40 hours of unpaid leave a year for activities such as enrolling or reenrolling a child, participating in school or daycare activities, and handling school or childcare emergencies.
• Minnesota’s School Conference and Activities Leave law allows employees (regardless of employer size) up to 16 hours of unpaid leave during any 12-month period to attend their children’s special education, preschool or school conferences, or school-related activities if those activities cannot be scheduled during non-work hours.
• In New Jersey, under the Earned Sick and Safe Leave law, employees (regardless of employer size) may use paid sick leave to attend their child’s school-related conferences, meetings, functions, or other events requested or required by school officials, including activities like sports or plays. Employees also may use the leave to attend meetings regarding care related to a child’s health condition or disability.

How to Implement

A compliant, well-functioning school activity leave program starts with a written corporate policy containing precise definitions and coordination, said Christopher Olmsted, a managing shareholder at employment law firm Ogletree Deakins.

He offered the following tips for employers that have employees in at least one state that has a school activity leave law:

• Draft a clear, standalone policy that identifies eligible leave reasons, such as school conferences, enrollment, special education meetings, childcare programs and specified school emergencies. The policy should should define eligible family relationships, and the annual hour caps and per-visit limits required by each jurisdiction.​​
• Employers also should incorporate required notice windows, verification parameters where permitted, scheduling mutually agreeable times where required, and any employer posting or recordkeeping obligations.
• The policy should state whether the leave is paid or unpaid and, if applicable, whether employees may substitute accrued vacation, personal leave or other PTO, while taking care to align with state rules that either mandate or prohibit substitution requirements.

“Coordinate this policy with existing paid sick leave programs, PTO and attendance processes to avoid double-counting and inadvertent denials,” Olmsted said. “Multi-state employers may prefer to use a baseline national policy that offers a modest, uniform benefit and a jurisdictional addendum that complies with state or local requirements.”

He also noted that training is a prudent step since managers should be familiar with eligibility, scheduling, documentation and anti-retaliation rules.

“When workplace flexibility is a goal for an employer, [school activity leave] fits into the overall strategy,” Segal’s Beckman said. “Consistent national policies typically result in fewer misunderstandings between managers and employees and contribute to a more efficient leave administration.”

What Are the Benefits?

According to Prudential’s Pistritto, offering school activity leave — whether it’s mandated by state law or not — can help reduce employee stress and burnout, leading to improved mental health and overall well-being for parents juggling evolving demands.

“Attracting top talent becomes easier in a family-friendly workplace, especially in competitive job markets,” she said.

Olmsted added, “Employers that provide time off for school- and childcare-related activities typically see gains in employee well-being, engagement and retention. For many employees, school calendars are the source of frequent, short-duration absences. Offering a predictable mechanism to handle these events reduces last-minute callouts, improves scheduling and supports a work-life balance without affecting operations.”

Editor’s Note: Additional Content

For more information and resources related to this article, see the pages below, which offer quick access to all WorldatWork content on these topics:

• Employee Benefits
• Employee Experience
• Equitable and Diverse Workplaces