California Law for Working Parents

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

California has several laws and regulations aimed at supporting working parents and providing them with various rights and protections. Some key laws relevant to working parents in California include:

1. California Family Rights Act (CFRA): The CFRA provides eligible employees with up to 12 weeks of unpaid job-protected leave during a 12-month period for certain family and medical reasons, including the birth, adoption, or foster care placement of a child, as well as to care for a family member’s illness or for the employee’s own serious health condition.
2. Paid Family Leave (PFL): California’s Paid Family Leave program can provide partial wage replacement benefits to eligible employees who need to take time off work to bond with a new child or to care for a seriously ill family member. Eligible employees can receive up to eight weeks of paid leave benefits within a 12-month period.
3. California Pregnancy Disability Leave (PDL): Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees must provide eligible employees with up to four months of unpaid job-protected leave for pregnancy-related issues, including a child’s birth. This leave is in addition to any other leave available to the employee under the CFRA or PFL.
4. California Paid Sick Leave: California law requires employers to provide paid sick leave to employees, which can be used for the employee’s own illness, injury, or medical care, as well as for the care of a family member. 
5. Breastfeeding Accommodations: California law requires employers to provide reasonable break time and a private, designated space (other than a bathroom) for nursing mothers to express milk for their infant child. This requirement applies to all employers, regardless of size.

These laws and regulations were enacted to support working parents in balancing their work and family responsibilities, promote equal employment opportunities, and protect employees from workplace discrimination and retaliation based on their family status or caregiving responsibilities.

CALIFORNIA LAW FOR WORKING PARENTS : FAQ

Can a job force you to work overtime? 

Can an employer require an employee to work overtime? Typically, an employer may dictate California workers’ schedule and hours. In most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work their scheduled overtime. However, if the employee works up to eight hours and goes into overtime, the employee must be paid proper overtime wages.

Can you be fired for not working overtime? 

An employee could refuse to work overtime if they are in an unhealthy or unsafe work environment, if their contract permits such a refusal, or if they are owed overtime wages they have not yet received. However, in many cases, However, if an employee refuses to work any overtime at all, then they could legally be terminated.

Can you refuse mandatory overtime? 

Each case is different, any many times a California parent wish to refuse overtime to relieve their licensed child care provider or for a child’s school emergency. If you were fired for a school-related reason involving a child, reach out to La Dama Justicia to see if the powerful female attorneys can help.

Is california school activities leave paid? 

According to California Labor Code Section 230.8, employers with 25 or more employees must permit up to 40 hours of unpaid time off to parents for the following school-related activities reasons: to find, enroll, or reenroll their child in school, or with a licensed childcare provider.

Do employers have to accommodate child care? 

Under California Labor Code Section 230.8, employees (who work for employers with 25 or more employees) who are parents, foster parents, guardians, or custodial grandparents of children in kindergarten of grades 1-12, are entitled to take time off to visit their children in school and participate in school or day care activities under specified conditions. Employers are not permitted to discriminate or retaliate against employees who use up to 40 hours each year for certain child-related activities.

Can my employer ask about my childcare? 

Legally, an employer may ask, but, also legally, an employee does not have to give a specific answer.

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