California clarifies Kin Care Law

California has enacted legislation (Assembly Bill 2017) clarifying the state's kin care law. Assembly Bill 2017 takes effect January 1, 2021.

Background:

Under Section 233 of the California Labor Code, an employer that provides sick leave to employees must permit an employee to use up to half of their annual accrual to attend to the illness of a family member. This is commonly known as kin care.

Assembly Bill 2017:

Assembly Bill 2017 amends Section 233 to clarify that for the purposes of an employee's use of accrued sick leave, it is at the employee's sole discretion as to whether to designate the leave as sick leave for themselves or for their family members (kin care). The stated purpose of the law is to address employers who were counting leave as kin care without the employee's consent even when the employee was taking the leave for their own illness.

Compliance Recommendations:

California employers should review their policies and practices to ensure employees have the right to designate what type of leave they are using when taking accrued sick leave. Please contact your dedicated service professional with any questions.