Therefore, absent further clarification from the Labor Commissioner, employers should allow an employee to use up to one-half of their annual sick leave/PTO for a covered sick leave purpose without requesting a doctor’s note. As a result, this begs the question of whether an employer can request a doctor’s note from an employee for use of Protected Sick Leave for one-half of the annual accrual of sick leave/PTO used in a year for these sick leave purposes. It is important to note that in the McCarther v. Pac. To avoid confusion with existing state and federal family leave laws, Labor Code §233 is called "kin care… Sick Leave (“PSL”) law, which went into full effect on July 1, 2015. Labor Code Section 233(a) defines Kin Care leave. The Paid Sick Leave law also points out that employers cannot deny an employee the right to use AB 1522 covered paid sick leave or retaliate against an employee for using such covered paid sick leave. One of these, AB 2017, merely added a single sentence to existing Labor Code § 233, but that single sentence still merits attention as it explicitly gives the employee the sole right to designate the type of sick leave they are taking. AB 2017: California Employees Hold the Sole Right to Designate Kin Care Leave, Can Employers Require COVID-19 Vaccinations? B. SB 579 Modifies Child-Related Activities Leave Law to Now Include Time to Enroll with a Child Care Provider. As a result, the employer in this example will now have to wait until after an employee uses 5 days of sick leave before requiring a doctor’s note as provided in the employer’s policy. This is provided for in Labor Code section 233(a), which states in part: All conditions and restrictions placed by the employer upon the use by an employee of sick leave also shall apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, or domestic partner. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. Attorney Advertising. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee. Otherwise, an employer’s insistence on requiring a doctor’s certification may be deemed to be discrimination or retaliation for using Protected Sick Leave. 2. For example, if an employer provides 12 days of paid sick leave, the employer must allow employees to use at least 6 days of paid sick leave to care for an ill family member, subject to the same terms and conditions for an employee’s own sick leave use. Kin care leave is time provided to employees to take time off from work to care for a family member. Employers can also require that employees who use this leave be required to utilize any available vacation, PTO, comp time, or other personal leave for any such absences related to child-related activities. Note: : Christopher P. Maugans in Buffalo Business First, EEOC Releases Guidance on COVID-19 Vaccinations in the Workplace. There are two other major impacts that SB 579’s new Protected Sick Leave provisions will have on employers: a. Section 233 of the California Labor Code is often referred to as kin care. What is the rule on labor code 233 and 234 (California kin care) with a collectively bargained for employee? LCW will provide updates on any such interpretations from the Labor Commissioner or any other governmental agency as they become available. What family members as defined by California law 233 of the Labor Code section 233 `` Kin care (. 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