For example, if an employer provides 12 days of paid sick leave, the employer must allow employees to use at least 6 days of paid sick leave to care for an ill family member, subject to the same terms and conditions for an employee’s own sick leave use. Section 233 of the California Labor Code is often referred to as kin care. Prior results do not guarantee a similar outcome. The primary purpose of this law is to prevent an employer’s intentional or erroneous designation of an employee’s usage of sick days as kin care, thus depleting kin care leave. An employee who is a victim of domestic violence, sexual assault, or stalking. California's kin care law, Labor Code section 233, requires that any employer who provides sick leave for employees shall permit an employee to use a portion of his or her sick leave to care for a covered relative. C. Practical Tips for Employers to Prepare for SB 579. It’s been more than 10 years since California enacted Labor Code § 233, commonly referred to as the “kin care” statute.In essence, the statute requires employers to allow employees to use half of their sick leave accrual to care for certain relatives if they become ill. The Kin care law in California states employees can use half of the allotted sick time for kin care without discrimination or discipline. Impact of Protected Sick Leave on Excessive Absenteeism Policies and Other Adverse Employment Actions. A. SB 579 Modifications to Kin Care Law (Labor Code section 233) Overview of Existing Law Under the existing Kin Care law, California employers who provide paid sick leave or PTO to employees are required to allow an employee to take up to one-half of his/her annual accrual of such sick leave/PTO to attend to the illness for the following family members: parent, child, spouse, or registered domestic … When Kin Care Applies, Sick Leave and Paid Time Off and Vacation…. Under the new law, the designation of the sick leave taken under this labor code is at the sole discretion of the employee. Currently, Labor Code section 233 does not affect an employer’s right to request a doctor’s note to verify the need for sick leave to care for a parent, child, spouse, or registered domestic partner to the extent that the employer’s policy has such a requirement otherwise for the employee’s own sick leave use. “Child-Related Activities” now includes finding, enrolling, or reenrolling a child in a school or with a licensed child care provider. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member. There are two other major impacts that SB 579’s new Protected Sick Leave provisions will have on employers: a. 1. However, SB 579 removes this sentence from Labor Code section 233(a). The Labor Commissioner has indicated in presentations on the Paid Sick Leave Law that an employer’s insistence on verification of AB 1522 sick leave through the use of a doctor’s note could be deemed to be a denial of the use of such covered paid sick leave and therefore be unlawful. For more detailed codes research information, including annotations and citations, please visit Westlaw . Generally, the law requires employers to provide at least one hour of paid sick leave for every 30 hours worked, or a minimum annual lump sum of 24 hours. February 25, 2010. For example, under these current laws, an employee may use the Paid Sick Leave law to care for a parent-in-law, grandparent, grandchild, or sibling, but such leave would not count as Kin Care leave for those family members. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, Sacramento, or San Diego office. B. SB 579 Modifies Child-Related Activities Leave Law to Now Include Time to Enroll with a Child Care Provider. b. Similar to the application of Kin Care leave, an employee’s use of one-half of their annual accrual of sick leave or PTO in a year for the expanded reasons noted earlier is now protected. 2. This allows employees to use up to half of their sick leave for specific family members as defined by California law. California’s Kin Care law (California Labor Code § 233) requires that employers providing sick leave to employees pursuant to a company policy must permit an employee to use a portion of that leave (in an amount not less than the sick leave that would be accrued during six months) for the following reasons: The Kin Care law permits an employee to use up to one-half of his or her accrued paid sick leave time to attend to an illness of the employee’s child, parent, spouse, or domestic partner. Therefore, absent further clarification from the Labor Commissioner, employers should allow an employee to use up to one-half of their annual sick leave/PTO for a covered sick leave purpose without requesting a doctor’s note. One of these, AB 2017, merely added a single sentence to existing Labor Code § 233, but that single sentence still merits attention as it explicitly gives the employee the sole right to designate the type of sick leave they are taking. Useful information for navigating legal challenges. California's "kin care" leave law, Labor Code § 233, requires employers to allow employees to use their accrued and available sick leave to attend to the illness of a child, parent, spouse or domestic partner, in an amount not less than what would be accrued during six months of employment. Here are some practical steps that can be taken to prepare for these changes to the law: Similar to the Paid Sick Leave Law, there are many areas of SB 579 that are open to interpretation. The end result of reading the current Paid Sick Leave law and Kin Care obligations together is that an employee’s use of covered paid sick leave to care for a family member pursuant to the Paid Sick Leave law does not necessarily count towards the employee’s Kin Care entitlement – rather, it will depend on which family member the employee is caring for. While the Paid Sick Leave law is silent on whether employers can request verification of the need to use paid sick leave, it does require employers to provide an employee with paid sick days upon oral or written request (Labor Code section 246.5(a)) and allows an employee to determine how much paid sick leave he or she needs to use (Labor Code section 246(j)). Revisions to the California Labor Code section 233 (“Kin Care”) took effect on January 1, 2016. Telesis Group(S164692, February 18, 2010) case, the plaintiffs argued that the company violated California employment law by refusing to let them use paid sick time to care for ill family members. One major benefit to employers of SB 579’s changes to Labor Code section 233 is that employers may no longer have to track the specific use of an employee’s paid sick leave or PTO to determine if it was used for the employee’s own illness or that of a covered family member. “Family member” for purposes of kin care is defined by Labor Code §§ 233 and 245.5(c) to include an employee’s child, parent or guardian, spouse or registered domestic partner, grandchild, grandparent, and sibling. 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