HRLawyer.com: California Employment Law Information

Sick Leave Now Okay to Care For Family

New Law Signed By Governor

By Louis A. Storrow, Esq.


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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