A Guide for Employers: What is Kin Care Leave in California?
Under California law , employees may use up to half of their allotted sick leave benefits to care for a qualifying family member dealing with a qualifying health condition. California Labor Code § 233. Here, our California employment lawyer provides a guide to California’s Kin Care Leave for employers.
Key Points Employers Should Know About California’s Kin Care Leave
Kin Care Leave Allows Workers to Care for a Family Member
California law grants employees a legal right to use a portion of their accrued sick leave to care for a family member with a qualifying health condition. Employers should note that Kin Care Leave provides protections to employees and ensures they can address medical, preventative, or mental health needs of their loved ones.
Understanding the Medical Conditions that Qualify for Kin Care Leave
For an employee to qualify for Kin Care Leave, their family member must require treatment or care for an existing or new health condition, including injuries or serious illnesses. Preventative care, such as doctor visits and routine check-ups, often also count as a qualifying health condition. Employers should understand that when an employee needs to take Kin Care Leave to care for a family member, they are generally entitled to the same conditions and allowances covered under paid sick leave.
An Overview of Who is Eligible as a “Family Member” Under the Law
Under California’s Kin Care Leave, an eligible family member includes an employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling. Employers should note that the definition of a “child” can extend to biological, adopted, foster, or stepchildren. Along the same lines, “parent” encompasses biological, adoptive, foster, or stepparents. Employers must understand who is considered a qualifying family member to ensure they are in compliance with the law.
Maximum Kin Care Leave Benefits
In California, the maximum amount of leave for kin care is determined in relation to an employee’s sick leave entitlement. As a general rule, employees may use at least half of their accrued sick leave for kin care purposes. Employers should note that any sick leave plan—whether statutory or company-specific—must offer this minimum proportion to remain compliant with California law. A company that voluntarily provides considerable sick leave must allow a worker to use at least 50 percent of their accrued sick time to provide kin care to a qualifying family member.
Employers Should Comply with the Kin Care Leave Law
Employers in California need to confirm that they are in full and complete compliance with all relevant wage and hour regulations, including paid sick leave requirements, and kin care leave requirements. An employer that violates California’s Kin Care Leave law could face legal liability. An employment law attorney for employers can review your company’s policies and provide guidance and advice regarding any specific matters related to sick leave benefits or kin care leave .
Employers Cannot Consult With Our California Employment Lawyer Today
At Sloat Law Group, APC, our California employment attorney is committed to helping employers find solutions. If you are an employer with any questions about our state’s kin care leave law, please do not hesitate to contact us today for a confidential consultation. We represent employers in the Coachella Valley, Riverside County, and throughout California.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=233
