COVID-19 UPDATE – Child Care

UFCW 5 is providing the following information regarding the State of California Labor Code related to employees requiring time off due to their child’s school closing:

California Labor Code Section 230.8 entitles employees to take up to 40 hours off work each year for their children’s school activities.

Employees may take leave to:

  • participate in activities of the school or licensed childcare provider of a child.
  • find, enroll, or re-enroll a child in a school or with a licensed childcare provider; or
  • address a “childcare provider or school emergency.”

Only 8 of the 40 hours may be used to find, enroll, or re-enroll a child.

Emergency Situations

A “childcare provider or school emergency” means that an employee’s child is unable to remain in a school or with a childcare provider because:

  • the school or childcare provider has requested that he or she be picked up.
  • the child is exhibiting discipline or behavioral problems.
  • there is a school closure or unexpected unavailability of a childcare provider, or
  • there is a natural disaster.

Qualifying for Leave

To qualify for school activities leave, a person must be a “parent” and:

  • work for an employer with 25 or more employees working at the same location.
  • have a child of the age to attend kindergarten or grades 1 to 12; or
  • is a licensed childcare provider

“parent” under the law includes a:

  • parent
  • legal guardian
  • stepparent
  • foster parent
  • grandparent, or
  • person standing in loco parentis to the child.


Notice Requirements

Parents are required to give notice to their employer if they intend to take leave.

Employers can ask for proof that the employee took time off for school activity-related purposes.