|
Federal |
Condition |
California |
|
No |
Required?
|
No
(California Labor Code Sec. 233) |
|
Employer Choice |
Paid/Unpaid? |
Employer Choice - may offer difference between normal pay and State Disability Insurance (SDI) benefits. |
|
Employee categories specified by employer in policy. |
Applies to? |
Employee categories specified by employer in policy.
|
|
Employer Choice - Such as personal illness, illness of spouse, child, etc. |
Reasons for leave? |
Employer Choice - Such as personal illness, illness of spouse, child, etc. While no state law requires employers to provide Sick Leave, if it is offered, up to one-half (50%) of accrued time may be used for the care of a sick spouse, child, parent, domestic partner, or the child of a domestic partner. This is known as "Kin Care Leave." |
|
As required and at employer's discretion. Policy can place a maximum limit on leave. |
Duration? |
As required and at employer's discretion. Policy can place a maximum limit on leave.
|
|
No - Unless policy provides otherwise. |
Guaranteed return to work? |
No - Unless policy provides otherwise. If employee is using "Kin Care Leave" portion of accrued sick leave time, return is guaranteed and no disciplinary action may be taken against the employee because he/she used the allowed portion of accrued sick leave time for "Kin Care." |
|
No - Unless policy provides otherwise. |
Guaranteed job assignment?
|
No - unless policy provides otherwise. "Kin Care Leave" provides that employee is on excused time off and should return to the former job without penalty. |
|
Employer may require certification of illness from employee by requiring physician's certification. |
Employer verification? |
Employer may require certification of illness from employee by requiring physician's certification. If a physican's certification is required for employee absence, under the same conditions, a certification may be required for an employee using "Kin Care Leave." |
|
EEOC complaint. Federal court for injunctive relief, back pay, reinstatement, attorney's fees & costs if policy administered in a discriminatory manner.
|
Penalties for failure to comply?
|
DFEH complaint. State court for injunctive relief, back pay, reinstatement, attorney's fees & costs if policy administered in a discriminatory manner. Violation of "Kin Care Leave" requirements can result in reinstatement and actual damages or one day's pay, whichever is greater and any other relief a court may award. |
