Any employer who offers sick leave must allow employees to use part of their accrued and available sick leave time in a calendar year to take care of a sick child, parent, spouse, domestic partner, or child of a domestic partner. Each year, employees are entitled to use the amount of sick leave they would earn in 6 months for this purpose. This law does not extend the maximum period of leave to which the employee is entitled under the California Family Rights Act (FRA) or the federal Family and Medical Leave Act (FMLA) (CA Lab. Code Sec. 233).
Employers that have absence control policies that count sick leave taken for this purpose as an absence that may lead to or result in disciplinary action are in violation of the law (CA Lab. Code Sec. 233, Sec. 234).