Is my employer violating the law

UPDATED: Sep 30, 2022

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Is my employer violating the law

According to state law, employers must provide half of your yearly PTO hours as Kincare. I receive 120 hours of PTO a year. So I should receive 60 hours of Kincare. However, since I am

Asked on June 17, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There does not appear to be a distinction in your state's law for this purpose between "part time" and "full time" workers: while the employer could give part-time workers fewer sick leave days/hours than full time workers in the first place, 1/2 of whatever amount of sick leave they get is eligible to be used for kin care--so if you had 120 sick leave hours, you could use 60 for kin care. (Note: it's only sick leave, or hours that can be used for sick leave, that apply for kin care purposes; dedicated vacation days, should you get any, do not count.) 
Therefore, regardless of whether you were full or part time, if you had 120 sick-leave-equivalent hours, you could use 60 of them for kin care. If the employer does take action against you on  this basis, contact your state's Department of Industrial Relations (that's your state's department of labor) to file a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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