Sick leave may also be used by an employee who is a victim of domestic violence, sexual assault, or stalking. Not included among the legally protected list of family members are in-laws, girlfriends, boyfriends, fiancés, nephews, nieces, cousins, housemates, partners, or pets. The legally recognized family members include children, parents, grandparents, siblings, spouses, and Registered Domestic Partners.
#CALLING IN SICK TO WORK LAWS CALIFORNIA CODE#
Code § 246.5(1)).īoth the HWHFA and Kin Care allow employees to use their own accrued sick leave to care for the medical needs of certain family members. Routine medical appointments, medical diagnoses, check-ups, and any form of preventative care are all allowable reasons to take accrued sick leave. All but very short term or very new employees have the right to at least some sick leave under the HWHFA.Īn employee does not actually need to be ill to take sick leave under the HWHFA only a medical reason is required to use the leave. While many employers offer more than the 24 hour minimum, this is voluntary and is not legally required of the employer.
Now all private and public employers must offer a minimum of 24 hours worth of paid sick leave annually -the equivalent of just three work days. Only after the enactment of the HWHFA in 2015 did California require employers to offer any sick leave to their employees. What is the minimum amount of sick leave that must be offered? Although Kin Care and the HWHFA are technically separate laws, they are most easily understood as one concept and are discussed together in this article. There are two forms of sick leave in California: Kin Care and sick leave under the Healthy Workplaces Healthy Families Act (HWHFA). Unlike other forms of medical leave, sick leave does not require the employee to have disability or that the employee be seriously ill.
Sick leave is the least protective form of a medical leave of absence available to California employees, essentially requiring employers to provide just three days of paid sick leaves per year to employees who need to miss work for a medical reason.
The article discussing California’s Baby Bonding leave may be viewed here and the article discussing California’s Pregnancy Disability Leave Law may be viewed here.
#CALLING IN SICK TO WORK LAWS CALIFORNIA SERIES#
This article provides and overview of California’s sick leave laws and is part of a series discussing each type of employment leave of absence. Assuming you knew what the abbreviations meant, do you know which protected leave applies to large employers versus small employers? Or which type of leave allows a new father to take paternity leave? What about which type of leave provides you with the right to reinstatement? For starters, have you heard of the FMLA, CFRA, FEHA, PDL, HWHFA, PSL, or PFL? Probably not, and even most California lawyers could not begin to tell you the difference between the legal abbreviations. California’s laws regarding medical leaves of absences can be tricky to understand.
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