An employee can use PSL for the diagnosis, care, or treatment of an existing health condition, or preventive care, for themselves or a “family member.”1 For example, an employee could take PSL for a cold or other sickness, for a sick child, or for an annual physical or other preventive care, like getting a flu or COVID-19 vaccine.

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An employee can use the full amount of the paid sick days for a qualifying family member.

A family member under California’s sick leave law is a:

  • Child:
    • Child is defined as a “biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.” The definition of child applies regardless of the child’s age or dependency status. (“In loco parentis” means standing in the place of a parent, or acting as a parent to someone).
  • Parent (or parent-in-law):
    • Parent is defined as a “biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.”
  • Spouse or registered domestic partner;
  • Grandparent;
  • Grandchild;
  • Sibling; and
  • A designated person.

A “designated person,” is someone “identified by the employee at the time the employee requests paid sick days.”2 As defined in the law, the employee’s designated person can essentially be anyone.

An employer may limit an employee to one “designated person” per 12-month period for PSL purposes.

  • Additionally, effective October 1, 2025, California revised PSL as it relates to California's leave for victims, building on changes made January 1, 2025. Labor Code section 246.5 provides that employees may use PSL for the following:3
  • Serving on a jury as required by law.
  • Taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
  • When the employee is a victim, taking time off to obtain or attempt to obtain relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.
  • For leave taken or requested on or after January 1, 2026, when the employee is a victim or a family member of a victim, taking time off from work in order to attend judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding where a right of that person is an issue.
  • When an employee is a victim or who has a family who is a victim, time off to seek treatment or services related to the qualifying act of violence. For more information, see Victims’ Leave and Accommodation.

Lastly, the law also states that PSL may be used by agricultural employees who work outside to avoid smoke, heat or flooding conditions created by a local or state emergency, including when the employees' worksites are closed due to smoke, heat or flooding.

  • Employers must ensure that they are correctly tracking when time is used for eligible reasons under PSL. Employers will also need to track whether any other leave law may be implicated, such as family and medical leave.

1. Lab. Code secs. 245.5, 246.5

2. Lab. Code sec. 245.5(c)(8)

3. Lab. Code sec. 246.5(a); Gov’t. Code sec. 12945.8(a)