Balancing work and parenting often involves unpredictable responsibilities. Childcare or school emergencies may require a parent to leave work unexpectedly. California law provides important protections for parents and caregivers facing legitimate school or childcare emergencies.
California Labor Law Protections for Parents
California employment law limits an employer’s ability to discipline or retaliate against you who leave work for certain child-related emergencies.
California Labor Code § 230 makes it unlawful for an employer to discharge, threaten, or discriminate against an employee who takes time off to address a school-related or childcare-related emergency involving a child.
Protected emergencies may include:
- A child’s school or daycare unexpectedly closing
- A school requiring immediate pickup due to illness, behavioral issues, or safety concerns
- A regular childcare provider becoming unavailable without warning
Employers that punish employees for responding to these situations may be violating California law.
What If an Employer Claims Job Abandonment?
Employers may claim an employee “walked off the job” or violated attendance policies. Company policies cannot override protections provided under the California Labor Code.
California Labor Code § 230.7 also expands protections for employees who take time off due to sudden family responsibilities, including caregiving obligations involving a child, parent, spouse, domestic partner, or other covered family member.
When a parent leaves work due to a legitimate emergency and provides notice as soon as reasonably possible, employer discipline may violate California law.
Does Employer Size Matter for Childcare-Related Leave?
Employer size may matter depending on the type of leave involved.
The California Family Rights Act (CFRA) applies to employers with five or more employees. CFRA may provide additional protections when a child’s condition qualifies as a serious health issue.
When an employer is covered under CFRA, disciplining a parent for taking protected leave may be considered unlawful retaliation.
What Constitutes Workplace Retaliation?
California Labor Code § 230 prohibits retaliation against employees for exercising rights related to school or childcare emergencies.
Retaliation may include:
- Termination
- Demotion
- Reduced hours
- Disciplinary write-ups
- Schedule changes intended as punishment
- Hostile or intimidating treatment
Even subtle punishment after an employee leaves work to pick up a child may be unlawful, including in smaller workplaces.
Warning Signs a Parent’s Rights Were Violated
You may have a legal claim when an employer:
- Disciplines or terminates an employee after a school or childcare emergency
- Reduces hours or changes schedules as punishment
- Treats you differently than employees without children
- Targets you after learning about family responsibilities
- Creates a hostile work environment following the emergency
What Should Parents Do After Discipline or Termination?
Parents who face discipline for leaving work to pick up a child should take steps to protect themselves, including:
- Documenting communications and events
- Requesting the employer’s stated reason in writing
- Comparing treatment of other employees in similar situations
- Consulting an experienced California employment attorney
Depending on the circumstances, employees may be entitled to reinstatement, back pay, lost benefits, emotional distress damages, and civil penalties.
Do Not Be Forced to Choose Between a Job and a Child
Employers that punish employees for responding to legitimate childcare emergencies may be violating California and federal law.
Lawyers for Justice, P.C. can investigate employer misconduct and pursue compensation for working parents affected by unlawful discipline or retaliation.
Contact the firm at 818-JUSTICE or complete the online contact form for a free consultation. Workplace discrimination attorneys are available 24/7.