Child Care Law Center

Advocating for Children Since 1980

Know the Law About the Right to Take Time Off Work to Volunteer
in School, for Child Care, or in Child Care Emergencies

This publication is intended to provide general information about the topic covered.

It is made available with the understanding that the Child Care Law Center is not engaged in rendering legal or other professional advice. We believe it is current as of December 2021, but the law changes often. If you need legal advice, you should consult an attorney who can specifically advise or represent you.

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Parents, guardians, stepparents, foster parents, grandparents with custody of a child, and other caregivers of a child who work for an employer with 25 or more employees have the right to take up to 40 hours off from work each year to:[1]

  1. Participate in their child’s child care or school activities.
  2. Evaluate child care and schools, and enroll their child.[2]
  3. Attend to their child during a school emergency, which includes when:
  4. the child care or school asks that the child be picked up,
  5. the child has a behavioral or discipline problem,
  6. the child care or school has closed, or the child care provider cannot care for the child without warning,
  7. a natural disaster, including, but not limited to, a fire, earthquake, or flood occurs.[3]

All employees can earn at least three paid sick days per year. Employees can use their paid sick days:

  • Because he/she was a victim of domestic violence, sexual assault, or stalking.
  • For the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s child, parent, spouse, domestic, grandparent, grandchild, and sibling.[4]

Employees who have more than three sick days per year may use at least half of their extra sick days for the above family members and reasons in (5).[5] Employees fired, demoted, or in any other manner discriminated against as a result of exercising his/her right to take time off under (1)-(5), are entitled to legal remedies.[6]

[1] Cal. Lab. Code § 230.8. 

[2] Employees must give their employer reasonable notice for (1) and (2). Employees may also need to provide documentation of their absence to their employer upon request for (1) and (2). Cal. Lab. Code § 230.8.

[3] Cal. Lab. Code § 230.8. 

[4] Cal. Lab. Code § 246.5(a)(employee rights (4) – (5)).

[5] Cal. Lab. Code § 233(a). 

[6] Cal. Lab. Code § 230.8.