In California, you are entitled to use up to half of your allotted sick leave days as “kin care leave.” This is time off to care for a family member who is ill or who is the victim of domestic violence, sexual assault, or stalking.
An employer cannot take an adverse employment action against you for proper use of kin care leave. Employers may not:
- demote
- wrongfully terminate
- refuse to rehire
- fail to promote
- suspend, or
- in any other way discriminate against
you for taking kin care leave.
If your rights are violated, you may
- be entitled to reinstatement and back pay, and
- file a complaint with the Labor Commissioner, or
- file a civil action for money damages.
Below, our California employment and labor lawyers will discuss:
- 1. What is kin care leave?
- 2. What family members are included?
- 3. How much time can I take off from work?
- 4. For what reasons can I take off of work for kin care leave?
- 5. What if my employer violates my rights?
- Additional Reading
Kin care leave is time provided to employees to take time off work to care for a family member.
1. What is kin care leave?
Kin care leave is time off from work to care for a family member. This allows you to use up to half of your sick leave for specific family members as defined by California law. 1
See our related article on California Paid Family Leave (PFL).
2. What family members are included?
Family members covered under this California law include:
- a child, whether a biological child, adopted child, foster child, stepchild, legal ward, or a child for which you stand in loco parentis;
- a parent, whether a biological parent, adoptive parent, foster parent, stepparent or legal guardian;
- a spouse;
- a registered domestic partner;
- a grandparent;
- a grandchild;
- a sibling; or
- designated person.2
Kin care leave does not extend to mothers-in-law or fathers-in-law.
The types of family members were expanded in 2016. If an employer claims that the applicable family member is not applicable even though they fall under one of the above categories, the employer likely is basing that assertion on an outdated law.
3. How much time can I take off work?
The number of days you may take off work for kin care leave is calculated as:
- an amount not less than the sick leave
- that would be accrued during 6 months
- of your then-current rate of entitlement. 3
This effectively means that up to half of your yearly allotted sick leave may be used for kin care purposes.
What if my employer does not offer accrued sick leave?
Under California law, nearly every employee is guaranteed a certain amount of sick leave. This was not true before 2015, when employees without accrued sick leave were out of luck in terms of kin care leave.
Employers are required to:
- provide a minimum of 1 hour of sick leave
- for every 30 hours you work
- after you have worked 90 days for the employer and
- at least 30 days in any given year. 4
There are only a few exceptions to this law. If your employer tells you that you are the exception, an experienced employment law attorney will let you know if the employer is telling the truth.
4. For what reasons can I take off work for kin care leave?
In California, you are entitled to take accrued sick time off work in order to:
- seek diagnosis, care, or treatment for an existing health condition of your family member,
- support a family member who was the victim of domestic violence,
- support a family member who was the victim of sexual assault, or
- support a family member who was the victim of stalking.
Supporting a family member may include, but is not limited to:
- assisting in medical care or transportation to medical care,
- seeking court relief,
- relocating their residence, or
- seeking counseling for abuse.
5. What if my employer violates my rights?
If an employer violates your rights by taking adverse employment action against you, you may be entitled to:
- reinstatement,
- back pay, or
- other actual damages or one day’s pay (whichever is greater).5
See our related article, Can an employer require a doctor’s note in California?
Can I file a claim with the Labor Commissioner?
If your rights were violated, you can file a complaint with the Labor Commissioner, who is expected to enforce the provisions of the California law.
Alternatively, you can file a civil lawsuit against your employer to seek money damages and other legal relief. You may also be entitled to attorney’s fees if successful in the lawsuit.6
Additional Reading
For more information, refer to the following:
- Can an employer require a doctor’s note in California? – Article by our California employment law attorneys.
- What’s the Difference? Paid Sick Leave, FMLA, and Paid Family and Medical Leave – Comparison by the U.S. Department of Labor.
- Paid Sick Leave and Job Stability – Scholarly article by Work and Occupations.
- The Growing Costs and Burden of Family Caregiving of Older Adults: A Review of Paid Sick Leave and Family Leave Policies – Scholarly article by The Gerontologist.
Legal References:
- California Labor Code § 233.
- California Labor Code § 245.5. See AB 1041.
- California Labor Code § 233(a).
- California Labor Code § 246.
- California Labor Code § 233(d).
- California Labor Code § 233(e).