Can I Take Sick Leave to Care for a Family Member in California?

California workers often find themselves in situations where a loved one falls ill or needs assistance. In these moments, the ability to take time off without risking your job or income becomes essential. While many assume that sick leave only applies to their own health, state law offers broader protections—especially when it comes to caring for a family member.

So, can you legally take sick leave to care for a relative in California? In most cases, yes—but it depends on the type of leave, your employer’s policies, and the nature of the relationship. Here’s a breakdown of what the law allows and how to protect your rights as a worker.

California’s Paid Sick Leave Law

The Healthy Workplaces, Healthy Families Act of 2014, codified under California Labor Code §§ 245–249, mandates that nearly all employees in California—whether full-time, part-time, or temporary—earn paid sick leave.

Under this law, employees can use accrued sick leave not only for their own health needs but also to care for certain family members. Qualifying relationships include:

• A child (biological, adopted, foster, step, legal ward, or a child for whom the employee stands in loco parentis)

• A parent (biological, adoptive, foster, step, legal guardian, or person who stood in loco parentis)

• A spouse

• A registered domestic partner

• A grandparent

• A grandchild

• A sibling

This broad definition is one of the most inclusive in the country and reflects California’s progressive stance on workers’ rights.

How Much Sick Leave Can You Take?

Under the state law, employees earn at least one hour of sick leave for every 30 hours worked. Employers can limit the annual use of sick leave to 24 hours or three days per year, but they may also offer more generous policies.

As of 2024, some local jurisdictions—including Los Angeles, San Francisco, and Oakland—have stricter or more generous sick leave ordinances. Workers should check with local rules in addition to state laws.

When Can You Use Sick Leave for a Family Member?

You can use sick leave to:

• Care for a family member who is ill

• Accompany a family member to medical appointments

• Assist a family member recovering from surgery

• Provide support during mental health or chronic condition management

Importantly, the law does not require a doctor’s note unless your employer has a written policy that applies consistently and does not interfere with your right to take protected leave.

What If You Need More Time Than Paid Sick Leave Offers?

Paid sick leave laws provide limited hours. If you need more extended time off to care for a seriously ill family member, other laws may offer protection:

1. California Family Rights Act (CFRA)

The CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period to care for:

• A spouse

• Registered domestic partner

• Parent

• Child

• Grandparent

• Grandchild

• Sibling

The CFRA applies to employers with 5 or more employees and to workers who have been employed for at least 12 months and worked at least 1,250 hours in the prior year.

CFRA leave can be used for serious health conditions—not minor ailments—and your employer may request medical certification. However, they cannot ask for diagnosis details or question the legitimacy of the need to care for a family member if proper documentation is provided.

2. FMLA (Family and Medical Leave Act)

The federal counterpart to CFRA, FMLA also allows up to 12 weeks of unpaid leave but applies to slightly different family relationships and only to employers with 50 or more employees. It does not include care for grandparents or siblings, which CFRA does.

If both laws apply, the leave periods typically run concurrently, not consecutively.

Retaliation Is Illegal

It is illegal for an employer to retaliate against or discipline an employee for using legally protected sick leave or family leave. This includes:

• Termination

• Demotion

• Reduction of hours

• Negative performance reviews

• Threats or intimidation

If your employer punishes you for taking time off to care for a family member under these laws, you may have grounds for a retaliation or wrongful termination claim under the California Labor Code or FEHA (Fair Employment and Housing Act).

Documentation and Communication

To protect your rights, keep clear records of your request for time off, including:

• Written notices to your supervisor or HR

• Any required forms or doctor’s notes

• Timesheets showing your use of accrued leave

Although California law doesn’t require advance notice in emergencies, it’s always best to communicate as early as possible and follow your company’s sick leave policy, provided it doesn’t conflict with your legal rights.

What About COVID-19 and Infectious Diseases?

During the COVID-19 pandemic, California enacted additional Supplemental Paid Sick Leave laws. While these provisions expired in 2023, the state continues to encourage sick leave use in public health emergencies. Employers may implement special rules during future outbreaks, but these must always comply with baseline labor protections.

Low-Income Workers and Sick Leave Violations

Studies show that low-income workers and those in the service or retail industries are most vulnerable to sick leave violations. Common issues include:

• Employers denying leave requests

• Firing employees who take time off

• Falsely claiming that part-time workers aren’t eligible

• Discouraging use of sick leave through threats or subtle retaliation

If you’ve been denied the ability to use sick leave to care for a family member, you may file a complaint with the California Labor Commissioner’s Office or consult an employment lawyer.

Final Thoughts

In California, the law strongly supports workers who need to care for loved ones. Whether through accrued paid sick leave, the California Family Rights Act, or local ordinances, employees have tools to protect their jobs while supporting family during times of illness.

The key is knowing your rights, keeping documentation, and acting quickly if an employer violates the law. Taking care of your family shouldn’t mean risking your livelihood—and in California, the law makes that clear.