On September 30, 1994, Governor Wilson signed into law the Family School Partnership Act (California State Law, Chapter 1290). This Act allows employees to use up to eight hours per month, not to exceed 40 hours per year, of paid or unpaid leave, to participate in the school activities of their children who are enrolled in kindergarten through twelfth grade.
On February 6, 1996, the Board of Supervisors adopted a motion to extend the benefits of this Act to County employees with children under five years of age who are enrolled in child care and/or preschool programs.
The intent of the State Law and motion by the Board of Supervisors is to facilitate the participation of employees in the early education and school activities of the children/grandchildren in their custody.
1. DEFINITIONS
A. Eligible Employee
Any employee who is a parent, guardian or grandparent having the legal custody/care of one or more children enrolled in kindergarten through twelfth grade or in a child care or preschool program serving children under five years of age.
B. Per Year
Although defined as the school year by State law, the County of Los Angeles shall define the "per year" reference in the Family School Partnership Act as calendar year: this, due to the diversity of school calendars within Los Angeles County and the year round nature of child care services.
C. Reasonable Notice
At least three working days in advance of the proposed absence.
D. Reasonable Written Documentation
A simple statement on school letterhead, indicting the employee's name, the date, a brief description of the school activity, and whatever written verification of parental participation the school deems appropriate and reasonable. Top of Page 2. POLICY AND STANDARDS
A. County employees are encouraged to involve themselves in the school activities and early childhood education programs of their children and/or the children/grandchildren in their legal custody.
B. During each calendar year, up to eight hours per month or forty total hours per calendar year of an employee's time (no more than eight hours per month) will be available for an employee to participate in the school activities and early education program of his/her child or children. (The total of hours available per month or per year is static; i.e., the total number of hours available to the employee per calendar year does not increase as the number of children increases.)
C. Hours available, under the Family School Partner FSPA are paid or unpaid. Employees may use paid accrued time (vacation, personal leave, compensatory time off), or personal sick time. However, employees may not use sick leave for this purpose.
D. In the event that an employee has exhausted all paid leave, that employee may use leave without pay (AWOP) for those hours available under the FSPA. Use of AWOP for FSPA hours is optional, whether or not all paid leave has been exhausted.
E. Hours under the FSPA are available if the employee, prior to taking the time off, gives reasonable notice of the planned absence to the employer. However, use of FSPA hours does not reduce an employee's responsibility regarding known job requirements.
F. The Department may require reasonable written documentation that the employee actually participated in school activities.
G. The employee and the immediate supervisor of the employee will be responsible for control of the employee's total monthly and calendar year FSPA hours.
H. If both parents of a child/children are County employees, the entitlement to the FSPA hours are available only to the parent who first gives notice to the employer. In such a case, the other parent may take a planned absence simultaneously and for the same purpose/same child only if he/she obtains the employer's approval for the requested time off
I. Employees who are eligible to participate in the school/child care activities of their children may not be discharged, threatened with discharge, demoted, suspended or in any manner discriminated against because they have taken time off to participate in the school or child care activities of their children. Should any employee be discharged, demoted or suspended due to taking time off to participate in school or day care activities, as authorized and described in this directive, that employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits. Any employer who willfully refuses to rehire, promote, or otherwise restore such an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee's lost wages and work benefits.
3. PROCEDURES
A. Employee Responsibility
1. Notify the supervisor at least three days in advance of the school/day care activity in order to request time for participation.
2. Make request/notification to the supervisor on the ' 1 Request for Time Off or Overtime" (DCFS 158-1).
a. Choose from available hours for time off (Sick time may not be used.) Code the number of hours, date and time.
b. Under "Reason for Request," write hi both "Family School Partnership Act" ("FSPA") and the total number of FSPA hours already used during the calendar year, not to include the currently requested number. Hours already used during the calendar year, not to include the currently requested number.
3. Keep copies of DCFS 158-1 sheets requesting time off for school/day care activities as a record of the remaining time available.
4. When documentation is requested, ask the school or day care official for a note verifying your school/day care participation.
5. Give any documentation requested to the supervisor requesting said information.
B. Immediate Supervisor Responsibility
1. Approve or disapprove the employee's request. (Barring lack of eligibility or lack of remaining FSPA monthly or calendar year hours, the employee would ordinarily be entitled to FSPA time.)
2. If sick time is requested td cover FSPA hours, instruct the employee to delegate a different time code, paid or unpaid.
3. Notify employee of any required verification 6f participation at the time of their request.
4. Keep control copy of employee's approved DCFS 158-1 so that the employee's total usage of monthly and calendar year hours may be readily assessed.
5. If documentation is requested, follow-up by checking verification.
4. OTHER
None
5. FORMS
a. Forms Requested
"Request for Time Off or Overtime" (DCFS 158-1)
b. Forms Canceled/Revised
None
Page Last Updated on: Wednesday, October 12, 2005 03:24:34 PM