October 24, 2020

Volume X, Number 298

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Kin Care Law Amended to Permit Employees to Designate Sick Days as Kin Care or Personal Sick Leave

On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the employee’s own health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking. As such, employers should revise sick leave policies to ensure that employees are aware of their right to designate.

By way of background, employers are currently required to permit employees to take up to half of their accrued sick leave to care for a family member (also known as “kin care”). “Family member” for purposes of kin care is defined by Labor Code §§ 233 and 245.5(c) to include an employee’s child, parent or guardian, spouse or registered domestic partner, grandchild, grandparent, and sibling.

To avoid an employer’s erroneous designation of the use of sick days as kin care (and the depletion of kin care) when the sick days were actually taken for personal sick leave, Assembly Bill 2017 provides employees with the right to designate what type of sick days they are taking.

Assembly Bill 2017 does not alter Labor Code § 233 insofar as employers remain prohibited from taking discriminatory action against an employee for requesting or using sick leave.

Any employee aggrieved by a violation of these provisions is entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 273
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About this Author

Principal

Hazel U. Poei is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. Her practice is focused on single-plaintiff, multi-plaintiff, and class action employment litigation in state and federal courts.

Ms. Poei has also handled arbitration proceedings and matters before administrative agencies such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Division of Labor Standards Enforcement. Ms. Poei has also prepared briefing to the...

213-689-0404
Jason M. Yang Labor & Employment Attorney Jackson Lewis Los Angeles, CA
Associate

Jason M. Yang is an Associate in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Prior to joining Jackson Lewis, Mr. Yang worked for the Los Angeles office of a national firm, representing employers in both state and federal court on matters including harassment, discrimination, failure to accommodate, and wrongful termination. He also represented and litigated on behalf of local and international business entities in personal injury, products liability, and general commercial liability matters.

Practices

  • Class Actions and Complex Litigation
  • General Employment Litigation
213-689-0404
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