Guam § 3703 - Leave for Child School-Related Purposes.

§ 3703. Leave for Child School-Related Purposes.

(a) [No text]

(1) An employer shall not discharge or in any way discriminate against an employee who is a

parent of one (1) or more children of the age to attend pre-school, kindergarten, or grades one (1) to

twelve (12), inclusive, for taking off up to forty (40) hours each year, for the purpose of either of the

following child-related activities:

(A) To find, enroll, or re-enroll the employee’s child in a school or with a licensed child care

provider, or to participate in activities of the school or licensed child care provider of his or her

child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the

planned absence of the employee. Time off pursuant to this Subsection shall not exceed eight (8)

hours in any calendar month of the year; or

(B) To address a child care provider or school emergency, if the employee gives notice to

the employer.

(2) If more than one (1) parent of a child is employed by the same employer at the same worksite,

the entitlement under Subsection (a)(1) of a planned absence as to that child applies, at any one (1)

time, only to the parent who first gives notice to the employer, such that another parent may take a

planned absence simultaneously as to that same child under the conditions described in Subsection

(a)(1) only if he or she obtains the employer’s approval for the requested time off.

(b) [No text]

COL08222024

(1) The employee shall utilize existing vacation, personal leave, or compensatory time off for

purposes of the planned absence authorized by this Section, unless otherwise provided by a collective

bargaining agreement. An employee also may utilize time off without pay for this purpose, to the

extent made available by the employee’s employer.

(2) Notwithstanding Subsection (b)(1), in the event that all permanent, full-time employees of an

employer are accorded vacation during the same period of time in the calendar year, an employee of

that employer may not utilize that accrued vacation benefit at any other time for purposes of the

planned absence authorized by this Section.

(c) The employee, if requested by the employer, shall provide documentation from the school or

licensed child care provider as proof that he or she engaged in the child-related activities permitted in

Subsection (a) on a specific date and at a particular time. For purposes of this Subsection, “documentation”

means whatever written verification of parental participation the school or licensed child care provider

deems appropriate and reasonable.

(d) No employer shall discharge, threaten to discharge, demote, suspend, or in any other manner

discriminate against an employee in terms and conditions of employment because the employee has taken

time off to engage in the child-related activities permitted in Subsection (a). An employer who has been

found in a grievance procedure, arbitration, or court proceeding to have violated this Subsection shall be

required, if applicable, to reinstate or promote the affected employee, and shall be liable to the affected

employee for an amount equal to three (3) times the employee’s lost wages and work benefits, in addition

to actual lost wages and benefits and other damages to which the employee may be entitled.

(e) [No text]

(1) An employee of the government of Guam who is a parent shall be granted administrative leave

for the purpose of child school-related activities, such as

(A) to find, enroll, or re-enroll the employee’s child in a school or with a licensed child care

provider,

(B) to meet with a teacher or other school official concerning the employee’s child’s

performance,

(C) to volunteer parental-involvement time at the employee’s child’s school, or

(D) to participate in activities of the school or licensed child care provider of his or her child,

including attendance at a graduation, school play, school fair, and related events, which shall be

considered as attendance at an official meeting or conference under Rule No. 8.402 of the

Personnel Rules and Regulations of the Department of Administration for purposes of eligibility

for administrative leave if the employee, prior to taking the time off, gives reasonable notice to

the employer of the planned absence of the employee.

(2) The employee may use up to a maximum of four (4) hours every two (2) pay periods of

administrative leave for child school-related activities, which may be utilized at the arrangement of

the employee with the employee’s supervisor, and may be split into smaller separate segments over

the two (2) pay period time frame, but shall not carry over to the next two (2) pay periods or thereafter.