Many school-related activities occur during the day while parents are at work. Nevada law specifically requires that employers allow parents to participate in school activities involving their children.
What is required?
Employers with 50 or more employees must allow the parent, guardian, or custodian of a child who is enrolled in a public school to take leave for at least four hours per school year to do the following:
- Attend parent-teacher conferences;
- Attend school-related activities during regular school hours;
- Volunteer or otherwise be involved at the school during regular school hours;
- Attend school-sponsored events.
Parents must use the leave time in increments of at least one hour, and the employee and employer must mutually agree on the time leave is used. Employers do not have to pay for leave used for school-related activities.
The law allows employers to require a written request for leave at least five school days before the leave is taken, and they can require documentation showing the employee actually attended a school-related activity.
The law also says that employers must grant parents leave “for each child . . . who is enrolled in public school.” It’s not clear whether that means four hours of leave for each child, or simply that the parent can use the four hours for any of his or her children, but it likely means for each child.
Finally, this law does not apply to a parent who is protected and given a similar benefit under a collective bargaining agreement as part of a union.
What if My Employer Doesn’t Follow the Law?
Nevada law prohibits employers from terminating, demoting, suspending, or discriminating against a parent or guardian who:
- Attends a conference requested by a school administrator;
- Is notified of an emergency about a child during work hours; or
- Uses the leave discussed above.
The law also prohibits an employer from even threatening to retaliate against a parent for asserting his or her rights to participate in school-related activities.
If an employer retaliates against a parent in this way, then he or she is allowed to file a complaint with the Nevada Labor Commissioner, which will investigate the matter, conduct a hearing, and determine whether the employer did retaliate in violation of the law. If the Labor Commissioner finds in your favor, then it can order lost wages and benefits, reinstatement to a position, and liquidated damages (an additional amount equal to your lost wages and benefits).
Note that the Labor Commissioner may only be an option if your employer actually retaliates against you, so if your employer is simply refusing to grant you the leave required, then we can help you by contacting your employer.
Also, if your employer retaliates against you, the law doesn’t seem to allow us to file a lawsuit on your behalf, but we can contact your employer and try to work out a resolution to try to avoid having to complain to the Labor Commissioner and go through the process of a hearing. However, if you do participate in a hearing, we may be able to represent you at the hearing to help protect your rights.
Let us know if you need help.