HRLawyer.com: California Employment Law Information
Sick Leave Now Okay to Care For Family
New Law Signed By Governor
Under a bill signed into law in July
by Governor Davis, employees in California may now use their paid sick
leave to care for a sick parent, child or spouse. Under new labor
code section 233, an employer that offers paid sick leave must make the
employee's accrued leave available to employees who need to take care of
a sick parent, child or spouse. If it's early in the year and the
employee has not yet accrued much leave, the employer still has to allow
the employee to take what he or she would accrue in six months.
The new section takes effect in January,
2000. It makes it unlawful for an employer to fire, demote or otherwise
punish an employee for taking sick leave to care for family. It also
defines "parent" as including a stepparent or legal guardian, and "child"
includes adopted, foster and biological children, as well as legal wards
and certain others.
The new rules can be enforced by
the Labor Commissioner's office or by a court, if an employee files a complaint.
Employers who have written employee
handbooks should have them reviewed to be sure their policy complies with
the new law.
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