Kin Care

What Is Kin Care?

Kin care is a California law that grants employees the right to use their accrued paid sick leave to care for a family member who is ill or needs medical attention. Under Labor Code Section 233, employees can use at least half of their annual sick leave accrual for kin care purposes, ensuring that workers don't have to choose between caring for a sick loved one and keeping their jobs.

The term "kin care" reflects the law's purpose: allowing employees to care for their "kin" (family members) using the same sick leave they would use for their own health needs. California's kin care provisions work in conjunction with the state's paid sick leave laws to provide comprehensive family care protections.

California Requirements

Employer Coverage

The kin care law applies to all California employers who provide sick leave to their employees, regardless of:

Factor	Applicability
Company size	All employers with sick leave policies
Industry	All industries
Employee status	Full-time, part-time, temporary
Type of sick leave	Employer-provided or state-mandated

Employee Eligibility

Any employee who has accrued sick leave is eligible to use that leave for kin care purposes. The eligibility mirrors the requirements for regular sick leave use:

Requirement	Standard
Employment duration	90 days minimum (for state-mandated sick leave)
Accrued sick leave	Must have sick leave available
Waiting period	Same as employer's regular sick leave policy

Covered Family Members

California law defines family members broadly for kin care purposes. As of recent amendments, the definition includes:

Traditional Family Relationships

Family Member	Definition
Child	Biological, adopted, foster, stepchild, legal ward, or child of domestic partner (any age)
Parent	Biological, foster, adoptive parent, stepparent, legal guardian, or parent-in-law
Spouse	Legal spouse
Domestic Partner	Registered domestic partner
Grandparent	Parent of employee's parent
Grandchild	Child of employee's child
Sibling	Brother or sister

Designated Person

California law allows employees to designate one additional person per 12-month period who is not otherwise defined as a family member. This "designated person" provision recognizes that:

• Many people have close relationships that don't fit traditional family definitions
• Chosen family and close friends may depend on each other for care
• Flexibility accommodates diverse family structures

Employer Requirements: Employers may require employees to identify their designated person at the time of leave request. The designation is valid for the entire 12-month period.

How Kin Care Works

Amount of Sick Leave Available for Kin Care

Situation	Minimum Kin Care Entitlement
State-mandated sick leave	At least half of annual accrual (currently 20 hours minimum)
Employer-provided sick leave	At least half of annual accrual, or more if employer allows
Unlimited sick leave	Reasonable amount for kin care

Important: Many employers allow full use of sick leave for kin care purposes, exceeding the statutory minimum. Check your employer's policy for specific allowances.

Using Sick Leave for Kin Care

The conditions for using sick leave for kin care must be the same as for using sick leave for the employee's own illness:

Condition	Must Be Same for Kin Care
Notice requirements	Yes
Documentation requirements	Yes
Minimum increment of use	Yes
Rate of pay	Yes
Attendance policy treatment	Yes

What "Same Conditions" Means

If an employer:

• Allows employees to call in sick on the same day for their own illness, they must allow the same for kin care
• Does not require a doctor's note for personal sick leave, they cannot require one for kin care
• Permits sick leave in 2-hour increments, kin care must also be available in 2-hour increments
• Pays regular rate for sick leave, they must pay the same rate for kin care

Qualifying Uses for Kin Care

Medical Care and Treatment

Employees can use kin care leave when a family member needs:

Purpose	Examples
Diagnosis	Doctor visits, specialist appointments, medical tests
Care	Home care during illness, assistance with daily activities
Treatment	Therapy sessions, medical procedures, hospital visits
Preventive care	Annual checkups, vaccinations, health screenings

Mental Health Care

Kin care covers mental health needs of family members, including:

• Psychiatric appointments
• Counseling sessions
• Treatment for mental health conditions
• Crisis intervention

Extended Illness and Chronic Conditions

For family members with serious or chronic conditions, kin care allows employees to provide ongoing support:

• Regular medical appointments
• Treatment sessions (chemotherapy, dialysis, etc.)
• Recovery assistance following surgery
• Management of chronic conditions

Employer Obligations

Policy Requirements

Employers must:

Obligation	Details
Allow kin care use	Cannot deny use of sick leave for covered family members
Apply same conditions	Must treat kin care same as personal sick leave
Not discriminate	Cannot treat kin care use less favorably
Maintain records	Track kin care usage separately for reporting

What Employers Cannot Do

Prohibited Action	Explanation
Deny kin care requests	If employee has accrued sick leave, they can use it for kin care
Require different notice	Notice requirements must match personal sick leave policy
Impose extra documentation	Cannot require more documentation than for personal illness
Discipline for kin care use	Cannot penalize employees in attendance policies
Limit kin care use below half	Must allow at least 50% of annual accrual for kin care
Require vacation use first	Cannot require employees to exhaust vacation before kin care

Verification and Documentation

Employer May	Employer May Not
Request same documentation as for personal sick leave	Require more documentation for kin care
Ask for verification for extended absences	Demand specific diagnosis
Request confirmation of family relationship	Require proof of relationship for each absence

Interaction with Other Leave Laws

Kin Care and CFRA

For more serious family health situations, employees may be entitled to California Family Rights Act leave:

Feature	Kin Care	CFRA
Purpose	Illness, medical appointments	Serious health condition
Duration	Limited to sick leave balance	Up to 12 weeks
Job protection	Yes (under sick leave laws)	Explicit job protection
Pay	Paid (uses sick leave)	Unpaid (unless paid leave used)
Use together?	Yes - can use sick leave during CFRA	Yes - sick leave provides pay

Kin Care and Bereavement Leave

If a family member passes away, employees may use:

1. Bereavement leave (up to 5 days, separate entitlement)
2. Sick leave/kin care (for attending to ill family member before passing)

These are separate entitlements and do not overlap.

Kin Care and Paid Family Leave (PFL)

California's Paid Family Leave insurance program provides wage replacement for:

• Caring for seriously ill family member
• Bonding with a new child

Feature	Kin Care	PFL
Source of funds	Employer-provided sick leave	State insurance program
Duration	Limited to sick leave balance	Up to 8 weeks
Wage replacement	100% (paid sick leave)	60-70% of wages
Job protection	Under sick leave laws	Requires CFRA eligibility

Employee Rights

Right to Use Accrued Sick Leave

Employees have the explicit right to:

Right	Details
Use sick leave for family	At least half of annual accrual
Same treatment	Conditions identical to personal sick leave
Designate a person	One non-family member per year
Freedom from retaliation	Protection for using kin care

Retaliation Protections

Employers cannot retaliate against employees for:

• Requesting kin care leave
• Using accrued sick leave for family care
• Filing complaints about kin care denials
• Participating in investigations about kin care violations

Protected from retaliation means employees cannot face:

• Termination
• Demotion
• Reduction in hours
• Negative performance reviews based on leave use
• Denial of promotion or advancement
• Any other adverse employment action

Record-Keeping Requirements

Employer Records

Employers must maintain records showing:

Record	Retention Period
Sick leave accrual	3 years
Sick leave usage (including kin care)	3 years
Kin care requests	3 years
Employee sick leave balances	Ongoing

Pay Stub Requirements

Under California law, employee pay stubs must show:

• Available sick leave balance (or unlimited designation)
• Balance must be accessible to employees at any time

Enforcement and Remedies

Filing a Complaint

Employees can file complaints with:

Agency	Violation Type	Time Limit
Labor Commissioner	Denial of kin care rights	3 years
Civil Rights Department	Discrimination/retaliation	3 years
Private lawsuit	Any violation	3 years

Potential Remedies

Remedy	Description
Back pay	Wages lost due to violation
Reinstatement	Return to position if terminated
Penalties	Statutory penalties for violations
Attorney's fees	Reimbursement of legal costs
Liquidated damages	Additional damages equal to sick leave denied

Best Practices for Employers

Policy Development

1. Review sick leave policies to ensure kin care provisions are clearly stated
2. Define family members consistent with California law (include all categories)
3. Allow designated person process for employees to identify non-family caregivers
4. Train managers on kin care rights and identical treatment requirements

Compliance Checklist

• Sick leave policy explicitly allows kin care use
• Family member definition matches California law
• Designated person procedure is in place
• Notice requirements same as personal sick leave
• Documentation requirements same as personal sick leave
• Attendance policies don't penalize kin care use
• Pay stubs show sick leave balance
• Records maintained for 3 years

Common Mistakes to Avoid

Mistake	Correction
Requiring doctor's note for kin care but not personal illness	Apply same documentation requirements
Counting kin care in attendance points	Treat kin care same as personal sick leave
Limiting kin care to fewer than half of annual accrual	Allow at least 50% for kin care
Not including siblings, grandparents, grandchildren	Update family definition to California standard
Denying designated person requests	Implement process for designation

Practical Examples

Example 1: Child's Medical Appointment

Scenario: Maria needs to take her 8-year-old son to a scheduled doctor's appointment that requires 3 hours away from work.

Analysis:

• Child is a covered family member
• Preventive care/diagnosis is a qualifying purpose
• Maria can use accrued sick leave for this appointment
• Employer must allow the same notice procedure as if Maria were sick

Outcome: Maria uses 3 hours of sick leave for the appointment. Her employer cannot require additional documentation beyond what they'd require for her own doctor visit.

Example 2: Caring for Elderly Parent

Scenario: David's father has pneumonia and needs assistance at home for several days. David requests to use his sick leave.

Analysis:

• Parent is a covered family member
• Care during illness is a qualifying purpose
• David has 40 hours of accrued sick leave

Outcome: David uses sick leave to care for his father. Because his employer allows consecutive sick days for personal illness without a doctor's note for the first 3 days, they must apply the same policy to David's kin care.

Example 3: Designated Person

Scenario: Alex lives with and cares for their elderly neighbor who has no family nearby. The neighbor needs surgery and post-operative care.

Analysis:

• Neighbor is not a defined family member
• Alex can designate the neighbor as their "designated person" for the year
• Once designated, Alex can use sick leave to care for this person

Outcome: Alex completes the employer's designated person form at the time of the leave request. The employer cannot deny sick leave for caring for the designated person.

Example 4: Chronic Condition Management

Scenario: Jennifer's spouse has diabetes and needs regular medical appointments throughout the year.

Analysis:

• Spouse is a covered family member
• Medical appointments (treatment) are qualifying purposes
• Jennifer can use sick leave for these ongoing appointments

Outcome: Jennifer uses sick leave throughout the year to accompany her spouse to endocrinologist visits, lab work, and other diabetes-related appointments. Her employer tracks kin care use separately but treats it identically to personal sick leave.

Kin Care and Scheduling

Advance Notice

For scheduled family medical appointments:

• Employees should provide reasonable advance notice
• The notice requirement should match the employer's policy for personal appointments
• Employers can ask employees to schedule appointments at less disruptive times when possible

Unplanned Family Illness

For sudden family illnesses:

• Employees should notify employer as soon as practicable
• Same notification procedure as for personal sudden illness
• Cannot be denied because notice was "too short" if same notice would be acceptable for personal illness

Understanding kin care rights helps employees balance work responsibilities with family care obligations while ensuring employers maintain compliant policies that support their workforce.