EmploymentQuestion 1073 of 1632

California's 'kin care' rule requires that, if an employer provides paid sick leave, an employee may use a portion of it to care for:

a.A child, parent, spouse, or domestic partner
b.Any friend or neighbor the worker chooses
c.A coworker who falls ill on the same crew
d.Only the employee, and never a relative

Explanation

Labor Code §233 - the kin care rule - requires that where an employer provides paid sick leave, the employee may use it on the same terms to attend to the illness of a family member as defined in §246.5(a): child of any age, parent, parent-in-law, spouse, registered domestic partner, grandparent, grandchild or sibling. (d) is the under-reading, treating sick leave as strictly personal. (b) is the over-reading, and it is nearly right for a different reason: since 2023 §246.5(a)(4) adds a 'designated person' the employee may name, one per twelve-month period, which can be a friend - but it is a single designation, not anyone the worker chooses on the day. (c) mistakes a workplace relationship for a family one.

Law Reference: Labor Code §§233(a), 246.5(a)

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