By Susan Schoenfeld, JD
For more information on these and other recent developments in state leave law, see the Family and Medical Leave Act (FMLA), sick leave, and maternity and pregnancy topic analyses for your state.
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California: Use of paid sick leave for kin care
Effective January 1, 2016, employers must allow an employee to use his or her accrued and available paid sick leave entitlement for the diagnosis, care, or treatment of an existing health condition of or preventive care for an employee or an employee’s family member. Use of such leave in any calendar year is limited to an amount not less than the sick leave that would be accrued during 6 months at the employee’s then current rate of entitlement.
The employer may limit the use of the remaining days of sick leave for the employee’s own illness. Any conditions or restrictions on the use of sick leave will also apply to the use of sick leave for kin care. The kin care law does not extend the maximum period of leave to which an employee is entitled under the FMLA or California Family Rights Act (CA Lab. Code Sec. 233).
California: Changes in leave for child-related activities
Effective January 1, 2016, an employer that employs 25 or more employees working at the same location may not discharge or discriminate against an employee who is a parent of a child of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed childcare provider for taking off up to 40 hours each year for the purpose of the following child-related activities: