California Law on Kin

In 1999, the California Legislature adopted Labor Code 233, with Kin Care provisions which allow eligible employees to use up to half of their accrued sick leave benefits to care for a sick family member. The law only pertains to employers who provide sick leave. Employers are not required to create a new sick leave policy program for employees.

Eligible Family Members

An employee can only use Kin Care sick leave on behalf of the following family members; a child, parent, spouse or registered domestic partner. The employer is required under the law to allow employees to use the accrued sick leave during the 12-month period.

Additional Leave Time

An employee cannot extend the sick leave Kin Care time past the amount of sick leave he is already eligible for. In addition, the employee must have sick leave available to use on the day of the absence for that absence to be covered under Kin Care. "An employee who has exhausted his/her sick leave and then is absent to care for a sick family member cannot claim that absence under Kin Care, according to University of California - Davis.

Employer Retaliation Remedy

Employers are forbidden from disciplining or retaliating against employees who have applied for or are utilizing Kin Care sick leave "If your employer discriminates against you in any way or, fires you for taking time off to care for a sick family member, you are entitled to reinstatement and reimbursement of lost wages," according to Working Families.

References

• Management Advantage: California Kin Care Leave:
• University of California -- Davis: Kin Care:
• Working Families: Sick Leave Use:

Resources

• Nixon Peabody:California Supreme Court Kin Care Decision:
• Fair Employment and Housing Commission:California Leave Laws: