by Susan Schoenfeld, JD
2016 has already seen updates in California leave law, specifically laws related to the use of paid sick leave for kin care and leave for child-related activities. Continue reading to get up to speed on these important new rules in the Golden State.
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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 Family and Medical Leave Act or California Family Rights Act (CA Lab. Code Sec. 233).
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 1–12, inclusive, or a licensed childcare provider for taking off up to 40 hours each year for the purpose of the following child-related activities:
- To find, enroll, or reenroll his or her child in a school or with a licensed childcare provider or to participate in activities of the school or licensed childcare provider of his or her child if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off for this reason is limited to 8 hours in any calendar month of the year.
- To address a childcare provider or school emergency, if the employee gives notice to the employer (CA Lab. Code Sec. 230.8).