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Can I Take Time Away from Work for My Kid’s Graduation?
A child’s graduation is a proud moment, but for working parents, it often brings the question: “Can I take time away from work for the ceremony?” While no single law guarantees this, parents have several avenues to explore, including federal work protections, state laws, company policies, and safeguards against discrimination.
Does the FMLA Cover Graduation?
The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for specific family and medical reasons, with continued health insurance. Eligibility generally requires working for a covered employer for 12 months, accumulating 1,250 work hours in the prior year, and working where the employer has 50+ employees within 75 miles.
FMLA qualifying reasons include the birth/adoption/foster care placement of a child, an employee’s own serious health condition, caring for a family member with a serious health condition, or certain military family needs. Attending a child’s graduation, while significant, does not typically qualify under FMLA. Protected leave under FMLA means an employee is generally restored to their original or an equivalent job upon return. If an FMLA-qualifying health issue coincides with a graduation, leave could be used for the health condition, not the event itself. For FMLA violations, consulting an FMLA rights attorney is advisable.
Exploring State Laws for Your Rights to Leave Work
State laws may offer additional rights to leave work for school-related activities, including graduation. These vary significantly.
For example, New Jersey’s Earned Sick and Safe Leave allows using accrued paid sick leave for a child’s school-related events requested by school officials, likely including a graduation. New York’s Human Rights Law offers protection against familial status discrimination if leave is denied for a child’s event while granted for other personal reasons.
Other states with relevant laws include:
- California: The Family-School Partnership Act allows up to 40 hours of unpaid leave per year (max 8 hours/month) for school activities, including graduations, for employees at companies with over 25 employees.
- Nevada: Permits up to four hours of unpaid leave per school year for school-sponsored events like graduations at companies with over 50 employees, with notice.
- Massachusetts: The Small Necessities Leave Act allows up to 24 hours of unpaid leave annually for a child’s school activities.
What Are Some Protections Against Discrimination in the Workplace?
Anti-discrimination laws can protect parents even if no specific “graduation leave” law exists.
Familial Status Discrimination
Familial status discrimination is an adverse treatment because an employee is pregnant, has children, or is securing custody. New York’s Human Rights Law (NYHRL) protects against this. While not requiring accommodation for child-related needs, the NYHRL mandates that if an employer grants time off for other personal reasons, they generally cannot deny a parent’s similar request for a child’s event, like a graduation, if the impact is comparable. Doing so could be familial status discrimination.
Family Responsibilities Discrimination (FRD)
Family responsibilities discrimination (FRD), or caregiver discrimination, involves adverse actions based on an employee’s caregiving duties. This can include denying leave based on stereotypes. While no single federal law explicitly bans FRD, it can overlap with protections under Title VII (sex discrimination), the ADA, or FMLA. Denying a graduation leave request due to discriminatory assumptions about a parent’s commitment could be FRD. Consulting an employment lawyer or FMLA rights attorney may be necessary.
How to Fight Discrimination: Know Your Company’s Policy
Often, the simplest way to get time away from work for graduation is through existing company policies like vacation, personal days, or PTO. Review your employee handbook. Many employees use accrued paid leave for such events.
When requesting leave:
- Plan Ahead & Give Notice: Provide ample notice for predictable events like graduations.
- Know Policy: Understand company procedures for requesting leave.
- Written Request: Submit a professional request, even after a verbal discussion.
- Proactive Coverage: If possible, suggest how your work will be managed.
- Appropriate Timing: Avoid asking during exceptionally busy periods.
- Be Clear: State the specific dates needed.
What if Your Request for Time Away from Work is Denied?
If your leave request for graduation is denied, try to understand why. Is it due to legitimate business needs or does it seem inconsistent or potentially discriminatory? Review company policies again and document everything: the request, denial, and communications. Consider if this is part of a pattern that might suggest familial status discrimination or family responsibilities discrimination. A denial isn’t automatically illegal, the reason and context matter.
When to Consult a New York FMLA Rights Attorney
Consult an employment lawyer, like an FMLA rights attorney, if:
- You believe FMLA rights were violated for a qualifying reason.
- A graduation leave denial suggests familial status discrimination, especially if non-parents get leave for personal reasons.
- You suspect family responsibilities discrimination based on caregiver stereotypes.
- The employer retaliated for requesting or taking permissible leave.
- Leave policies are applied inconsistently or unfairly to parents.
Celebrating Milestones with a Peace of Mind
Attending a child’s graduation is important. While FMLA may not directly apply, state laws, company policies (vacation/PTO), and protections against familial status discrimination and family responsibilities discrimination offer avenues for time away from work. Be proactive: understand policies, know your rights to leave work, and communicate clearly. If a denial seems unfair, legal protections exist. The goal is to celebrate family milestones knowing your workplace rights are respected.
Call a New York Employment Rights Lawyer Now
At Filippatos Law, we are compassionate counselors and fierce advocates, experienced in employment law, including protected leave and discrimination cases across New York. An attorney can assess if a legal violation occurred and advise on action. Contact Filippatos Law at 888-9-JOBLAW for a consultation.