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California Kin Care Law: Use Sick Leave to Care for Family

California’s kin care law requires employers to let you use your accrued sick leave to care for sick family members. This applies to all employers who provide sick leave, with no exceptions.

If you have sick leave, you can use it for your child, parent, spouse, grandparent, grandchild, or sibling. Your employer must allow this. They cannot force you to use vacation time instead or deny your request.

What Is Kin Care?

Kin care is the right to use your paid sick leave to care for family members who are ill or need medical care.

California Labor Code § 233 requires employers to allow employees to use at least half of their annual sick leave accrual for kin care purposes. But in practice, California’s paid sick leave law (Labor Code § 246) makes all sick leave available for kin care.

This means if you have accrued sick leave, you can use it to:

  • Take your child to the doctor
  • Care for your spouse recovering from surgery
  • Help your elderly parent during illness
  • Support your sibling through medical treatment

Kin care ensures you don’t have to choose between caring for sick family members and getting paid.

Source: California Labor Code § 233, § 246

Who Is Covered by Kin Care Law

Kin care applies to every employer that provides sick leave to employees.

Covered Employers

All California employers, including:

  • Companies with 1 employee
  • Companies with 1,000+ employees
  • Nonprofits
  • Government agencies
  • Small businesses
  • Large corporations

Since California law requires all employers to provide paid sick leave, kin care effectively applies to every California employer.

Covered Employees

You’re covered if you:

  • Work in California
  • Have accrued sick leave
  • Work for any employer (full-time, part-time, temporary, or seasonal)

There are no minimum hours requirements or length of employment requirements for kin care. If you have sick leave, you can use it for family care.

Example: Jordan works part-time at a bookstore with 4 employees. He’s accrued 16 hours of sick leave. His daughter gets the flu. He can use his sick leave to stay home and care for her.

Which Family Members Are Covered

Kin care covers a broad definition of family members.

Covered Family Members

You can use sick leave to care for:

Child

  • Biological child
  • Adopted child
  • Foster child
  • Stepchild
  • Legal ward
  • Child of domestic partner
  • Child you stand in loco parentis to
  • Any age (not limited to minor children)

Parent

  • Biological parent
  • Adoptive parent
  • Foster parent
  • Stepparent
  • Legal guardian
  • Person who stood in loco parentis when you were a minor

Spouse or Domestic Partner

  • Legally married spouse
  • Registered domestic partner

Grandparent

  • Your grandparent
  • Your spouse’s grandparent

Grandchild

  • Your grandchild

Sibling

  • Brother or sister (biological, adoptive, step, or half)

Parent-in-law (added under paid sick leave law)

Family Members NOT Covered

The law does not specifically cover:

  • Aunts and uncles
  • Cousins
  • Friends (even close ones)
  • Roommates

However, some employer policies may be more generous and cover additional relationships.

Example: Sarah’s grandmother has a doctor appointment for a serious heart condition. Sarah is the only family member available to drive her. Sarah can use her sick leave for this kin care purpose.

What You Can Use Kin Care For

Kin care covers the same reasons you can use sick leave for yourself.

Covered Kin Care Uses

Diagnosis, care, or treatment of existing health condition:

  • Taking family member to doctor appointment
  • Taking family member to dentist
  • Caring for family member at home during illness
  • Accompanying family member to emergency room
  • Taking family member to therapy or counseling
  • Managing family member’s medications
  • Helping with medical procedures

Preventive care:

  • Annual checkups
  • Vaccinations
  • Screening tests
  • Well-child visits
  • Routine dental cleanings

Mental health care:

  • Therapy appointments
  • Psychiatric care
  • Mental health crisis intervention
  • Counseling sessions

What counts as “care”:
You don’t have to be providing hands-on nursing care. Kin care includes:

  • Transportation to medical appointments
  • Being present at appointments
  • Providing emotional support
  • Arranging for third-party care
  • Making medical decisions

Example: Marcus’s father has Alzheimer’s. Marcus uses 4 hours of sick leave to take his father to a neurologist appointment, discuss treatment options with the doctor, and help his father get home safely.

How Much Kin Care Leave You Can Use

The amount of kin care leave you can use depends on how much sick leave you’ve accrued.

Kin Care = Sick Leave

Under California law, there’s no separate limit for kin care. Whatever sick leave you’ve accrued, you can use for kin care purposes.

If you’ve accrued:

  • 24 hours sick leave = 24 hours available for kin care
  • 40 hours sick leave = 40 hours available for kin care
  • 48 hours sick leave = 48 hours available for kin care

No “Separate Bucket” for Kin Care

Some employees mistakenly think kin care is additional leave on top of sick leave. It’s not. Kin care means you can use your existing sick leave for family members.

Example: Diana has 32 hours of accrued sick leave. She uses:

  • 8 hours for her own doctor appointments
  • 8 hours to care for her sick child
  • 8 hours to take her mother to chemotherapy

All three uses are legal. She has 8 hours of sick leave remaining.

Employer Can Limit Total Sick Leave Usage

Remember, employers can limit sick leave usage to 24 hours (3 days) per year even if you’ve accrued more.

This limitation applies to total sick leave use (your own illness plus kin care combined), not separately.

Example: Jason’s employer caps sick leave usage at 24 hours per year. Jason has accrued 40 hours. He uses 15 hours for his own illness and 9 hours for kin care. He’s used 24 hours (the cap). He cannot use more this year even though he has 16 hours still accrued.

Employer Requirements and Prohibited Actions

California law strictly regulates how employers must handle kin care leave.

What Employers Must Do

Allow kin care use
Must permit employees to use sick leave for covered family members

Same process as regular sick leave
Cannot require different procedures for kin care vs. personal sick leave

Provide notice of kin care rights
Must inform employees they can use sick leave for family members

Pay at regular rate
Kin care must be paid at same rate as personal sick leave use

What Employers Cannot Do

Cannot require vacation instead
Employer cannot force you to use vacation/PTO if you want to use sick leave for kin care

Cannot deny kin care use
If family member qualifies and you have accrued sick leave, employer must allow use

Cannot require documentation for short absences
For absences of 3 days or fewer, employer cannot require doctor’s note

Cannot ask intrusive questions
Employer can verify leave is for covered purpose, but cannot demand detailed medical information about your family member

Cannot count kin care as negative attendance
Cannot treat kin care use as “absence” in attendance policies when leave is for covered purpose

Cannot retaliate
Cannot fire, demote, or punish employee for using kin care leave

Example: Chen requests sick leave to take his grandfather to a doctor appointment. His manager says “That’s not what sick leave is for. Use your vacation days.” This is illegal. Employer must allow kin care use of sick leave.

How to Request Kin Care Leave

The process for kin care is the same as requesting sick leave for yourself.

Step 1: Notify Your Employer

Advance notice when possible:
If you know ahead of time (scheduled appointment), give same notice you’d give for other time off requests

Immediate notice for emergencies:
Call/text/email as soon as practicable (before shift starts or as soon as you know)

Step 2: State It’s for Kin Care

What to say:

  • “I need to use sick leave to take my son to the doctor”
  • “I’m using sick leave to care for my sick spouse”
  • “I need sick leave for my mother’s medical appointment”

You don’t need to use the term “kin care.” Just state you’re using sick leave for a family member.

Step 3: Don’t Over-Share Medical Details

You must provide:

  • That you’re using sick leave
  • That it’s for a covered family member
  • That it’s for a covered purpose (illness, appointment, care)

You don’t have to provide:

  • Specific diagnosis
  • Detailed symptoms
  • Private medical information
  • Intrusive personal details

Example: “I’m using sick leave to take my child to the doctor” is sufficient. You don’t need to explain that your child has strep throat, a fever of 102, and needs antibiotics.

Step 4: Documentation Rules

For 3 days or fewer: Employer cannot require documentation

For more than 3 consecutive days: Employer may request documentation that sick leave was used for covered purpose, but cannot demand diagnosis

Kin Care vs Other California Leave Laws

Understanding how kin care relates to other leave laws helps you use the right law for each situation.

Kin Care vs CFRA

Feature Kin Care CFRA
What it is Use sick leave for family care Job-protected leave
Duration As much sick leave as you’ve accrued 12 weeks per year
Paid Yes (sick leave is paid) No (unless you use sick leave during CFRA)
Job Protection No specific protection Strong job protection
Employer Size All employers 5+ employees
Hours Required None 1,250 hours in 12 months
Covered Family Broad definition Similar broad definition

How they work together:
Use sick leave during CFRA leave to receive pay. This counts toward both kin care and CFRA.

Example: Rita takes 2 weeks CFRA leave to care for her seriously ill father. She uses 80 hours of accrued sick leave during this period. This is both kin care (using sick leave for family) and CFRA (job-protected leave).

Kin Care vs PFL

Paid Family Leave (PFL) provides state wage replacement (70-90% of wages depending on income level, effective Jan 1, 2025) for up to 8 weeks when caring for seriously ill family member.

Strategy: Use sick leave first for 100% pay, then switch to PFL for partial pay when sick leave runs out.

Example: Tom needs 6 weeks to care for his wife recovering from surgery. He uses 40 hours sick leave in week 1 (full pay). Then he files for PFL for weeks 2-6 (70-90% pay depending on his income level). He also takes CFRA for job protection.

Real-World Kin Care Scenarios

Example 1: Sick Child

Situation: Keisha’s 7-year-old daughter has strep throat. School sends her home. Keisha needs 2 days off to care for her until antibiotics take effect.

Kin care rights:

  • Uses 16 hours of accrued sick leave
  • Receives full pay
  • Employer cannot deny request
  • Employer cannot require doctor’s note (only 2 days)

Result: Keisha stays home with daughter. Receives full pay. No penalty or negative attendance mark.

Example 2: Elderly Parent Medical Appointments

Situation: David’s 78-year-old mother has multiple medical appointments (cardiologist, orthopedist, eye doctor). David is her primary caregiver and only transportation.

Kin care rights:

  • Uses sick leave intermittently for appointments (4 hours here, 6 hours there)
  • Total: 32 hours over 3 months
  • All covered under kin care

Result: David can attend to his mother’s medical needs without losing pay or exhausting vacation time.

Example 3: Sibling Mental Health Crisis

Situation: Priya’s brother has severe depression and is hospitalized for suicidal ideation. Priya needs time to visit him in hospital, attend family therapy, and support his transition home.

Kin care rights:

  • Siblings are covered family members
  • Mental health care is covered purpose
  • Can use accrued sick leave

Result: Priya uses 24 hours sick leave over 2 weeks to support her brother during mental health crisis. Employer cannot deny this as kin care.

Example 4: Employer Denies Kin Care

Situation: Lin requests sick leave to take her grandmother to a cancer treatment appointment. Her supervisor says “Sick leave is only for when you’re sick, not your family members. Take unpaid time or use vacation.”

Rights: This is a clear violation of California kin care law.

Action: Lin should:

  1. Send written request citing Labor Code § 246 kin care rights
  2. File complaint with Labor Commissioner if denied
  3. Document the denial

Result: Labor Commissioner can order employer to pay Lin for time she should have been paid, plus penalties.

Enforcement and Penalties

The California Labor Commissioner enforces kin care violations.

How to File a Complaint

If employer denies kin care or retaliates:

Step 1: Document the violation

  • Written denial
  • Emails or communications
  • Pay stubs showing unpaid time

Step 2: File complaint with Labor Commissioner

  • Online: dir.ca.gov/dlse
  • Phone: 833-526-4636
  • Deadline: 3 years from violation

Step 3: Labor Commissioner investigates

Penalties for Violations

Denial of kin care:

  • Back pay for sick leave denied
  • Penalties under sick leave law
  • Possible waiting time penalties

Retaliation for using kin care:

  • Reinstatement
  • Back pay
  • Emotional distress damages
  • Attorney’s fees

Source: California Labor Code § 246, § 248.5

Frequently Asked Questions

Can my employer require proof that my family member was sick?

Only if you use more than 3 consecutive days of leave. For 3 days or fewer, employer cannot require any documentation.

Can I use kin care to take my adult child to the doctor?

Yes. “Child” under California law includes adult children. There’s no age restriction.

What if my employer only offers “PTO” instead of separate sick leave?

If the PTO can be used for sick leave purposes and meets California’s sick leave requirements, you can use it for kin care.

Can I use kin care intermittently?

Yes. You can use kin care in increments (hours or days) as needed for family member care.

Does kin care apply to grandparents I’m caring for?

Yes. Grandparents are specifically covered family members under kin care law.

Can my employer fire me for using too much kin care?

If you’re using sick leave for legitimate kin care purposes, employer cannot retaliate. However, kin care doesn’t provide job protection beyond what at-will employment provides. If possible, use CFRA for job protection when caring for seriously ill family member.

Related Topics

Legal Disclaimer

This article provides general information about California kin care law. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your rights, consult with a California employment attorney. Government agency deadlines are strict. Don’t delay seeking help if you believe your rights have been violated.

Last Updated: November 2, 2025

Sources: California Labor Code § 233, § 246, California Department of Industrial Relations, California Labor Commissioner

Take Action

Family comes first. California law recognizes your responsibility to care for sick family members.

If your employer denied you kin care, required vacation instead of sick leave, or retaliated against you for using sick leave for family care, file a complaint with the Labor Commissioner immediately.

Your sick leave exists for exactly this purpose. Use it.