Missing Work Because Of No Child Care California

Jul 02, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

Working as a parent can be extremely difficult. Most young children require around-the-clock care from a responsible adult. These problems are particularly difficult for single parents, who may not have a spouse who can step up to help with babysitting duties. So what happens when you’re out of options for child care and have to miss work? Whether it’s a sudden school closure, a sick caregiver, or the rising costs of daycare, parents often struggle to balance job responsibilities with child care needs. But is your job protected if you miss work because of child care issues? Depending on the situation, California law may offer you some protections.

Missing Work Because of No Child Care in California?

Taking time off to care for a child is nothing out of the ordinary, as seen in the California Family Rights Act outlined here. In many circumstances, it can be difficult to lose out on precious income just because your son or daughter has a fever. In most cases, your employer is not obligated to give you time off to care for a child, with the exception of school-based activities.

Leaving Work for School Activities

According to the School Family Partnership Act, employers with at least 25 employees in the state of California are required to allow for school activities leave. You cannot be fired for exercising your rights under the law. Under California State Law, you are entitled to at least 40 hours per year of unpaid parental leave for reasonable “school activities.” This policy is designed to allow parents extra flexibility to deal with crises or be present for school events. School activities can include:

Participating in School Events: School events may include classroom volunteering, field trips, or attending performances. Active participation helps foster a stronger bond with the child and build a connection with the school.
Handling Emergencies: When an emergency arises at school, such as a sudden closure, illness, or injury, parents may need to leave work immediately. In many circumstances, California law protects employees who need to miss work to respond to emergencies involving their child’s health or safety.
Behavioral Issues: In instances where a child is experiencing behavioral problems at school or in child care, parents may be required to attend meetings, evaluations, or pick up the child early. While not always legally protected, employers may offer flexibility or require the use of personal leave to address these challenges.
Enrollment: Navigating enrollment for school or child care can be time-consuming and may require parents to take time off work. Parents are allowed to take leave for any activities to get their child into a school, or keep them in school, including school tours, registration appointments, and required documentation.

California Child Care Leave

Can you take medical leave to care for your child? Under the Family and Medical Leave Act (FMLA), you may be eligible for leave in limited situations, particularly when your child has a serious health condition requiring extended care. This law allows workers up to three months of job-protected leave.

While FMLA does not typically cover routine child care issues, it can apply if your child has a serious health condition. Taking medical leave will allow you to care for your sick child until they recover.

California’s law for working parents doesn’t automatically guarantee paid leave in these circumstances, but you may be able to use accrued vacation days or paid time off, depending on your employer’s policies.

Can You Use Sick Leave to Look After a Child?

In California, you may be able to use your accrued sick leave to care for a child, even if you’re not sick yourself. Under the California Paid Sick Leave law, you can use your paid sick days to care for a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling with an existing health condition or preventive care appointment. This law mandates that employers provide at least 5 days of paid sick leave per calendar year.

Sick leave allows time for routine medical appointments, such as vaccinations or checkups. However, sick leave generally does not cover situations where your child simply has no supervision because school or daycare is closed. If you need time off for child care outside of illness, you may have to rely on vacation days, personal days, or other leave policies provided by your employer.

Protections Against Retaliation

If you take FMLA leave, it is illegal for your employer to retaliate against you in any way for exercising this right. Some employers may be frustrated or inconvenienced by your absence and attempt to punish you by reducing your hours, demoting you, denying you a promotion, or even terminating your employment, which is unlawful because the FMLA clearly provides for protected leave. That means either your job or an equivalent position with an equivalent salary must be restored to you once your leave ends. You cannot legally be penalized for taking time off to care for your child or another qualifying family member.

If you suspect you’ve been retaliated against or wrongfully terminated while on unpaid leave, you have options. You may be able to file a complaint with the U.S. Department of Labor’s Wage and Hour Division, or consult with an employment lawyer. Speaking with an employment attorney will help you understand if you’ve been wrongfully terminated and deserve compensation. Learn more about what you can do if you’re fired while on unpaid leave.

If youremployer retaliates against your medical leave or denies time off for reasonable school activities, they may be in violation of employment law. La Dama Justicia is a group of female lawyers who specialize in women and family employment issues.

We handle everything from filing your employment claim to gathering evidence, and even negotiating with your employer on your behalf. We will even handle the lawsuit if it goes to court. Our legal professionals will be there to guide you with any advice you need along the way, and we guarantee we won’t settle for anything less than you deserve.

Can an Employer Fire You for Not Having Childcare? – FAQ

Can an Employer Fire You for not Having Child Care? Yes, you can be fired for not having child care. California is an at-will employment state, so if you are unable to attend work to watch a child, you can be fired.

Is California School Activities Leave Paid? Unless your company makes a specific exception, school activities are unpaid. However, if your employer is in California and has more than 25 people, they are required to allow 40 hours of unpaid leave for school activities.

Can You use FMLA for Child Care? FMLA cannot be used for basic child care or babysitting. However, FMLA can be used if your child has a serious health condition that requires your care. A serious health condition generally means an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a health care provider.