Kin Care California Law 2019. But, if there is no surviving spouse, or an intestate estate, then status as next of kin in california comes into play. Separately, labor code section 233 (commonly referred to as the “kin care” law) requires an employer to allow an employee to use accrued and “available” sick leave (which is the amount that would accrue during a six month period) for the purposes specified in the paid sick leave law.
Under the california kin care law implemented in 1999, employers that offer accrued sick leave to workers must allow employees to use up to half their annual total to care for a spouse, child, parent or domestic partner who is ill. 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; (a) any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision.
Under california law (cfra) medical leave is also permitted to care for the employee’s registered domestic partner.
However, for employers who choose to. 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. While kin care might offer a more inclusive definition of family than fmla or cfra, the law doesn’t mean that those caring for their kin are allocated additional sick leave from work. Care or other psl/kin care reasons should be “authorized”.
