School-Related State Parental Leave Laws
School-Related State Parental Leave Laws
It’s back-to-school time, and increasingly, more states have laws granting school-related leave to certain employees, often expanding existing state paid sick and family leave laws to cover paid leave for such activities. Retirement systems covering teachers may therefore want to be particularly sure that, as employers themselves, they are aware of these laws and are in compliance with them. To aid in this process, Ice Miller LLP, a valued NCTR Commercial Associate Member, has prepared an article that discusses these statutory requirements – which can differ significantly from state to state. Most appear to apply to state and local government employers, although employment thresholds could have an impact. In cases where such laws exist, NCTR member systems may also want to be sure that these benefits are noted in employment materials as a valuable benefit that could aid in job recruitment.
Kayla Ernst, a partner with Ice Miller who advises employers on all aspects of employment law, explains in her recent article that a dozen states currently have such laws, with Indiana joining the ranks just this year. These include California, Illinois, Indiana, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, and Vermont – as well as the District of Columbia.
The laws vary by state, including as a threshold matter whether they apply to governmental entities. While Ernst does not directly address this in her article, written for a broad audience of employers, a cursory review of summaries of applicable laws suggests that most would. For example, District of Columbia law does not distinguish between public and private sector employers, and Illinois law requires that, to be eligible, employees must work for a public or private employer with at least 50 employees in Illinois. Finally, Rhode Island law specifically addresses state and local employers, providing that the law applies to all Rhode Island state government employers, Rhode Island local government employers with 30 or more employees, and agents of these employers.
Furthermore, the laws’ applicability is also often dependent upon the number of employees an employer has. For example, in Illinois, employers are covered by the school activities leave law if they employ 50 or more workers in Illinois, while in Indiana, employers are covered by the school activities leave law if they have one or more employees.
The laws typically include rules for employees’ eligibility for such leave. For example. Illinois requires that to be eligible, an employee must have worked for their employer for at least six consecutive months immediately preceding their leave request; and their average weekly hours worked during those six months are at least half that of a full-time equivalent position in their job classification. In Rhode Island, employees are eligible for school activities leave if they are full-time employees who have worked for their employer for 12 consecutive months, averaging at least 30 hours per week.
Also, the length of leave varies widely. In California, employees can take up to 40 hours of leave in any year for child-related activities but cannot take more than eight hours of this leave in any calendar month of that year for nonemergency child-related activities. In Nevada, on the other hand, employees are eligible to take four hours of school activities leave per school year, but that applies for each of their children who is enrolled in a public school. This leave must be taken at a time they agree on with their employer, in increments of at least one hour. Contrast that with Rhode Island, where eligible employees can take up to 10 hours of school activities leave during any 12-month period.
What about covered reasons for the leave? They also can differ significantly, and Ernst says they may include one or more of the following:
- enrolling a child in school;
- addressing a school-related emergency;
- attending school conferences or academic meetings;
- attending behavioral meetings; or
- broadly, to attend school-related activities or school-sponsored events.
Finally, whether the leave is paid or unpaid also differs from state to state, Ernst points out. In some states, she notes this type of leave is encompassed within earned paid leave laws. “For example, in New Jersey, the state’s paid sick leave law includes school activity leave,” she explains, and “[o]ne of the permitted reasons to use paid sick leave in New Jersey includes an employee’s need to attend school-related conferences, meetings, or events regarding the education of the employee’s child; or to attend a school-related meeting regarding the health of the employee’s child.”
However, in other states, school activity leave laws are “standalone laws,” Ernst continues. For example, Indiana’s new law, effective July 1, 2025, has broad coverage (applying to employers with one or more employees in the state) “but is relatively narrow in scope,” she notes. “It provides that employers may not take adverse employment actions against employees who are absent from work to attend “an attendance conference” or a “case conference committee meeting” with respect to the employee’s child. Key provisions of the new Indiana law – which is set to expire on July 1, 2029, include:
- An employer is not required to pay the employee for the leave.
- An employer may take an adverse employment action against an employee because of the employee’s absence from work for these reasons if the employee has attended more than one conference or more than one meeting for the calendar year; the absence was longer than reasonably necessary to attend and travel to and from the conference or meeting; or the employee failed to give the employer notice of the conference or meeting at least five days in advance.
- Employees must provide documentation to show they attended a conference or meeting covered under the law.
- Employees must make a reasonable effort to schedule the conference or meeting as an electronic conference or meeting.
Finally, to make it even more complicated, PGIM, a valued NCTR Commercial Associate Member, points out that states vary in their definition of “parent” for the purposes of these laws. For example, North Carolina only allows for parents to use the leave, but California allows for parents, guardians, stepparents, foster parents, and grandparents to take time under their law.
Therefore, just in case this has slipped anyone’s attention, be sure to inquire if your state has such a law dealing with school-related activities that can require parents’ (or others’) attendance. If so, see if your system is a covered employer and, if so, make sure all the boxes are checked. For example, Rhode Island requires covered employers to post an approved notice — in conspicuous places on employer premises where notices to employees and applicants normally are posted — that summarizes the school activities leave provisions and provides information on filing charges.
As teachers can tell you, parental involvement is a critical component to the success of public education, so be sure that your system — as an employer dedicated to teachers’ well-being — is fully in compliance where necessary to help make this goal a success.