Kin–Care Discrimination – Labor Code Section 233(a)
Under California Labor Code Section 233, Kin Care Leave allows employees to use up to half of their accrued sick leave benefits to care for a sick family member. The sick family member may be parent, a child, a spouse or a registered domestic partner. All California employers providing sick leave to their employees are covered under the Kin Care Law. If an employer discriminates against you for taking Kin Care Leave, they are violating the law and you have the right to file a complaint with the California Superior Court or California Division of Labor Standards Enforcement.
If your employer has not allowed you to take Kin Care leave, you must contact a kin care discrimination lawyer from The Nourmand Law Firm immediately. Our experienced employment attorneys will evaluate your case and help you file a lawsuit against your employer.
California Kin Care Law
Labor Code Section 233(a) defines Kin Care leave. It is important to note that in the McCarther v. Pac. Telesis Group(S164692, February 18, 2010) case, the plaintiffs argued that the company violated California employment law by refusing to let them use paid sick time to care for ill family members.
The California Supreme Court found that the kin care provisions of Labor Code section 233 only apply to employers who provide “accrued increments of compensated leave” and that “the reach of the statue is limited to employers that provide a measurable, banked amount of sick leave.” Kin care could not be applied because it was impossible to determine the amount of compensated time off for illness to which an employee might be entitled to in a six–month period.
If your employer is not permitting you take your entitled leave to attend to an illness of a child, parent, spouse or domestic partner, you have the right to file a lawsuit against your employer.
Recovery from Kin Care Discrimination
A qualified and experienced kin care discrimination attorney from The Nourmand Law Firm will protect your rights in court and help you recover damages from the violation. If you believe you have been the target of kin care discrimination, you may be able to recover the following types of damages:
- Back pay
- Compensatory damages for emotional pain and suffering
- Punitive damages to punish the employer
- Other actions that will make an individual return to the condition they would have been if they had not been discriminated against
- Attorney’s fees
- Court costs