Truancy for leaving school and California Pregnancy Leave laws

[sefnfot]

What is the name of your state? CA

A friends 14 year old daughter was given a truancy citation for leaving high school grounds early and going home to her newborn. Her daughter gave birth on July 27, 2007. the citation date is October 24, 2007. I am wondering if the citation is a violation of California Pregnancy Leave laws. Their court appearance for the truancy citation is December 20, 2007. If the law prevents employers from discriminating against a woman after childbirth for her needs and her newborns needs, then do these protections apply to an underaged girl and protect her from the government discriminating against these same needs?

http://www.laborlawtalk.com/archive/index.php/t-4579.html

 

[Just Blue]

Double post.

 

[sefnfot]

this is a double post because most Pregnancy Discrimination Lawyers and people with that expertice wouldnt usually look here in the juvinile section. But I am also looking for Juvinile law experts for their advice.

other post is at https://forum.freeadvice.com/showthread.php?t=387346

 

[CdwJava]

She is truant if she has not complied with the rules and the law on providing for an excused absence. They tend to look at leaving school early without an excuse as provided by a parent or legal guardian as an act of truancy.

If in CA, her mother needs to call and provide the medical excuse to the school. After a certain number of absences the school may require doctor's excuses for any absence.

Having a baby is not carte blanche to miss school. It does not confer rights of adulthood and certainly does not show responsibility! If she is unable to attend school she needs to seek an alternative education program.

Also, I presume, that the father of this child has been investigated (and, presumably, charged) for having unlawful intercourse with a minor?

- Carl

 

[CdwJava]

Okay, I read the other thread ...

First, WHO gave her a "truancy" citation? The school? The police?

Does she have to go to court? or does she have to face some in school punishment?

A single act of cutting school does NOT equate to "truancy" per the Education Code.

48260. (a) Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse three full days in one school year or tardy or
absent for more than any 30-minute period during the schoolday
without a valid excuse on three occasions in one school year, or any
combination thereof, is a truant and shall be reported to the
attendance supervisor or to the superintendent of the school
district.​

Also, you will NOT be able to win the argument that some form of employer anti-discrimination law applies - it does not. A school is NOT her employer, and she is still a minor subject to the rules of her parent or legal guardian. Only that parent or legal guardian can provide an excuse for her absence, and even that will not help her final grades.

I suspect the parents had not been controlling her very well before this because she ended up in this position at such a young age.

But, let us assume that it DOES work the same ... If she MUST go home each day to attend to the child, she should approach it as any employee would have to - get a note from the doctor recommending this activity. An employee returning to work from maternity leave cannot just go home without notice and when she wants to! That employee would have to provide some manner of written recommendation, and it is very likely that the school/employer would be under no obligation to honor this - depending on the need of the child.

- Carl