California Kin Care Law: What You Need To Know

Taking care of our loved ones during times of illness or crisis is a fundamental aspect of being human. In recognition of this, California enacted the Kin Care Law, a significant piece of legislation aimed at protecting employees’ rights to use their accrued sick leave to care for their family members.

The law serves as a vital safeguard for individuals who want to prioritize their family’s well-being without fearing adverse consequences at work. This gives an insight into the California Kin Care Law and highlights what you need to know to exercise your rights under this legislation.

What Is the California Kin Care Law?

The California Kin Care Law, also known as the California Family Rights Act (CFRA), is designed to protect the rights of employees who need to take time off work to care for their family members. It was enacted to complement the existing California Family Rights Act (CFRA), which grants eligible employees up to 12 weeks of unpaid leave in a 12-month period for specified family and medical reasons.

Under the Kin Care Law, eligible employees have the right to use a portion of their accrued sick leave to care for their child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling. This law applies to employers who provide sick leave benefits to their employees.

Who Is Eligible?

To be eligible for Kin Care Law benefits, an employee must meet certain requirements. The law applies to individuals who work for an employer with 25 or more employees. Additionally, employees must have worked for the employer for at least 1,250 hours in the past 12 months.

Types of Leave and Usage

The Kin Care Law allows eligible employees to use a portion of their accrued sick leave to attend to the illness or medical appointments of a qualified family member. This includes situations where the family member has a physical or mental illness, injury, or other medical condition that requires professional medical diagnosis or treatment.

Employees are entitled to use up to one-half of their annual sick leave accrual for Kin Care purposes. For instance, if an employee accrues 10 days of sick leave per year, they can use up to five of those days to care for a family member under the Kin Care Law.

Employee Rights and Employer Obligations

Under the California Kin Care Law, employees have the right to request time off to care for a family member, subject to certain conditions. Employers must grant the requested time off as long as the employee has accrued sick leave available.

Employers are required to provide notice to their employees about their rights under the Kin Care Law. This notice can be included in the employee handbook, posted in a visible location, or distributed through other means such as email.

What Protections Does the Kin Care Law Offer to Employees?

The Kin Care Law provides important protections to employees. It prohibits employers from retaliating against employees who choose to exercise their rights under the legislation. This means that employers cannot discriminate, terminate, or take any adverse actions against employees for using their accrued sick leave to care for family members and the employee has the right to file a retaliation claim against the employer when such cases arise.

If you believe your rights under the California Kin Care Law have been violated, it is advisable to seek legal counsel with an experienced employment attorney or contact the California Labor Commissioner’s Office for assistance. Remember, understanding your rights and advocating for yourself and your family is crucial when it comes to navigating workplace policies and laws related to kin care.