By Sam Setyan | Updated October 23, 2026
What Is Kin Care in California?
“Kin care” is the common name for California Labor Code section 233. It gives employees the right to use part of the sick leave they earn to care for a sick family member, instead of only for their own illness. If your employer provides sick leave, it cannot stop you from using a portion of that leave for kin care, and it cannot punish you for doing so.
Kin care works alongside California’s paid sick leave law, the Healthy Workplaces, Healthy Families Act. Understanding how the two fit together helps you know exactly how much time you can take to look after a loved one.
Kin Care Leave vs. Sick Leave: What’s the Difference?
Paid sick leave is the minimum amount of sick time almost every California employer must provide. Since SB 616 took effect in 2024, employers must let employees use at least 40 hours or five days of paid sick leave per year. You can already use this leave for your own health needs or to care for a covered family member.
Kin care matters when your employer offers more sick leave than the legal minimum. Under Labor Code 233, you may use up to one-half of the sick leave you accrue each year under your employer’s policy to care for a family member. Your employer cannot limit family care to a smaller share than that.
Who Counts as a Family Member for Kin Care?
Kin care uses the same family definitions as California’s paid sick leave law. Covered family members include your:
- Child (biological, adopted, foster, stepchild, legal ward, or a child to whom you stand in loco parentis), regardless of age
- Parent, stepparent, parent-in-law, or legal guardian
- Spouse or registered domestic partner
- Grandparent or grandchild
- Sibling
- Designated person, as allowed under the paid sick leave law
What Can You Use Kin Care For?
You can use kin care leave to attend to a family member’s illness, injury or medical condition, including diagnosis, treatment and preventive care such as check-ups. Kin care time can also be used for purposes related to domestic violence, sexual assault or stalking, as described in the paid sick leave law.
Can Your Employer Punish You for Using Kin Care?
No. Labor Code 233 makes it unlawful for an employer to deny kin care, or to fire, demote, suspend, discipline or discriminate against an employee for using or trying to use it. Under Labor Code 234, an attendance policy that counts protected kin care absences against you, such as “points” or “occurrences” that lead to discipline, is also a violation.
If your employer violates kin care rules, you may be entitled to reinstatement, lost wages and other relief. Retaliation for taking protected leave can also support a workplace retaliation or wrongful termination claim.
Kin Care vs. CFRA and FMLA
Kin care is different from longer, job-protected family leave. If a family member has a serious health condition and you need extended time off, the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act may give you up to 12 weeks of protected leave. Read more about your options on our leave of absence lawyers page.
Talk to a Los Angeles Employment Lawyer About Kin Care
If you were denied kin care, disciplined for caring for a family member, or fired after taking sick leave, Setyan Law can review your situation. We represent employees only, and consultations are free. Call (213) 769-0510 to speak with our team.
