How does kin care relate to the mandatory sick leave law?

California's mandatory paid sick leave law (PSL) allows an employee to use the full amount of accrued paid sick leave to care for a family member as defined by the law.

Kin care never created a separate right for an employee to get paid sick leave, nor did it define how much sick leave had to be provided or which employees had to be provided with sick leave.

Kin care merely allowed an employee to use one-half of any employer-provided paid sick leave to care for a sick family member. It was never a mandate on an employer to provide paid sick leave or keep records, nor did it give the employee the right to go to the Division of Labor Standards Enforcement for being denied paid sick leave.

California's mandatory paid sick leave law goes much further by requiring that every employer provide a minimum level (five days or 40 hours) of PSL to all employees. It does not limit the use of PSL, as kin care did, to half the annual accrual. The entire sick leave accrual or lump sum can be used by the employee for the care of covered family members.

Kin care can be used for the same purposes specified by the mandatory PSL law, and the definition of "family member" under both laws is the same.

Employers should not limit employees to using only half of their accrued PSL to care for a family member as defined but allow them to use the entire amount.

Read more about Kin Care in the HR Library.