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California Labor Code Section 233

Legal Research Home > California Laws > Labor Code > California Labor Code Section 233

233.  (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, to attend to an illness of a
child, parent, spouse, or domestic partner of the employee. 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. This section does not extend the maximum
period of leave to which an employee is entitled under Section
12945.2 of the Government Code or under the federal Family and
Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless
of whether the employee receives sick leave compensation during that
leave.
   (b) As used in this section:
   (1) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of
a person standing in loco parentis.
   (2) "Employer" means any person employing another under any
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
   (3) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (4) "Sick leave" means accrued increments of compensated leave
provided by an employer to an employee as a benefit of the employment
for use by the employee during an absence from the employment for
any of the following reasons:
   (A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
   (B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
   "Sick leave" does not include any benefit provided under an
employee welfare benefit plan subject to the federal Employee
Retirement Income Security Act of 1974 (Public Law 93-406, as
amended) and does not include any insurance benefit, workers'
compensation benefit, unemployment compensation disability benefit,
or benefit not payable from the employer's general assets.
   (c) No employer shall deny an employee the right to use sick leave
or discharge, threaten to discharge, demote, suspend, or in any
manner discriminate against an employee for using, or attempting to
exercise the right to use, sick leave to attend to an illness of a
child, parent, spouse, or domestic partner of the employee.
   (d) Any employee aggrieved by a violation of this section shall be
entitled to reinstatement and actual damages or one day's pay,
whichever is greater, and to appropriate equitable relief.
   (e) Upon the filing of a complaint by an employee, the Labor
Commissioner shall enforce the provisions of this section in
accordance with the provisions of Chapter 4 (commencing with Section
79) of Division 1, including, but not limited to, Sections 92, 96.7,
98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring
a civil action for the remedies provided by this section in a court
of competent jurisdiction. If the employee prevails, the court may
award reasonable attorney's fees.
   (f) The rights and remedies specified in this section are
cumulative and nonexclusive and are in addition to any other rights
or remedies afforded by contract or under other provisions of law.

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Last modified: March 17, 2014