Human Resources Academy II for Community College Districts

or injury that precludes the employee from performing his or her duties; an absence to obtain professional diagnosis or treatment for the employee’s medical condition; or an absence for other employee medical reasons such as pregnancy. 17 “Sick leave” does not include benefits provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974, insurance benefits, workers’ compensation benefits, unemployment compensation disability benefits, or benefits not payable from the employer’s general assets. 18 Employers are prohibited from denying an employee the right to use family sick leave, and may not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, family sick leave. 19 An employee whose rights under this section are violated shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. 20 However, Labor Code section 245 et seq. puts a different spin on the Kin Care law as there is a broader definition of "family member" under Labor Code section 245 et seq. , including grandparent, grandchild, sibling, and parent-in-law. The end result of reading Labor Code section 245 et seq. and Kin Care obligations together is that an employee's use of paid sick leave to care for a family member pursuant to Labor Code section 245 et seq. will not necessarily count towards the employee's Kin Care law entitlement; it will depend on which family member the employee is caring for. Example #1: Employer provides 12 sick days per year, accrued at the rate of one per month. Employee has accrued six days of sick leave. He may use 3 days of sick leave (half of actually accrued leave) to care for a family member. Example #2: Employer provides 12 sick days per year, accrued at the rate of one per month. Employee has accrued 20 days of sick leave. She may use 6 days of leave (half of accrued leave, capped at half of annual allotment) to care for a family member. 3. E DUCATION C ODE S ECTION 87784 Education Code section 87784 similarly permits an employee to elect to use accrued sick days, up to a maximum of six (6) such days per school year, for cases of personal necessity. 21 An employee need not secure advanced permission for leaves taken because of:

 Death or serious illness of a member of the employee’s immediate family; or  Accident, involving the employee’s person or property, or the person or property of a member of his or her immediate family.

The governing board is mandated to adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. 22

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 26