Must I allow an employee to use sick time when their children are sick?

Yes. Eligible employees can accrue mandatory paid sick leave under the Healthy Workplaces, Healthy Families Act. The paid sick leave mandate applies to nearly all employers, regardless of size.

Employees must be allowed to use accrued paid sick leave for a family member, which includes the employee's:

  • Parent;
  • Parent-in-law;
  • Child;
  • Spouse;
  • Registered domestic partner;
  • Grandparent;
  • Grandchild;
  • Sibling; and
  • A “designated person.”

A designated person is any person identified by the employee at the time the employee requests paid sick leave, though an employer may limit an employee to one designated person per 12-month period for purposes of paid sick leave.

The law covers time off for an existing health condition or for preventive care. Employees can use all of their mandatory paid sick leave for defined family members.

Furthermore, employers who choose to provide additional amounts of sick leave to their employees — in excess of mandatory paid sick leave requirements — must allow those employees to use up to half of their accrued and available sick leave to care for a family member. This is called kin care. "Family member" for kin care purposes is defined the same as under the mandatory paid sick leave law.

Read more about Kin Care in the HR Library.

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