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HomeLabor CodeDiv. 2Pt. 1Ch. 1Art. 1§ 233 Sick Leave Use For Kin Care

§ 233 Sick Leave Use For Kin Care

Labor Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 233 Sick Leave Use For Kin Care

This law says employers must let workers use their sick leave to take care of themselves or their family members when they're sick or need medical care. It also protects workers from being punished for using their sick leave.

Key Takeaways

  • •Workers can use their sick leave to care for themselves or family members.
  • •Bosses can't punish workers for using sick leave for these reasons.
  • •Workers can get their job back and money if their boss breaks this law.

Example

A mom needs to take her child to the doctor for a check-up.

She can use her sick leave for this, and her boss can't fire her or treat her badly for taking the day off.

How to Calculate

Minimum sick leave allowed = (Employee's current sick leave rate) × 6 months

  1. Find out how much sick leave the employee earns in one month.
  2. Multiply that amount by 6 to get the minimum sick leave they can use in a year for family care.

An employee earns 2 days of sick leave every month.

Result: Minimum sick leave allowed = 2 days × 6 = 12 days per year

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 233 Sick Leave Use 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 (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (2) “Family member” has the same meaning as defined in Section 245.5. (3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. (B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. (c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. (d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. (e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law. (Amended by Stats. 2020, Ch. 211, Sec. 1. (AB 2017) Effective January 1, 2021.)

Last verified: January 9, 2026

Key Terms

sick leaveemployeremployeediscriminatereinstatementdamagesequitable

Related Statutes

  • § 204 Employee Wage Payment Schedule
  • § 221 Wage Deduction Prohibition
  • § 226 Employee Wage Statement Requirements
  • § 230.7 Parental School Appearance Protection
  • § 230.8 Parental School Leave Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Labor Code. Section 233.
View Official Source