Interesting Employment Decision by CA Supreme Court

On February 18, 2010, the CA Supreme Court overruled the CA Court of Appeals and held that Labor Code Section 233 (aka "kinder care" statute), which permits an employee to use accrued paid sick leave to care for ill relatives, does not apply to paid sick leave employment agreements/policies that provide for an uncapped number of compensated days off. Thus, if your sick leave policy provides for a capped number of compensated days off, Labor Code 233 applies. If your sick leave policy is very generous and provides for unlimited sick days, you don't get the protection of Labor Code 233. This decision is twisted. Look up McCarther v. Pacific Telesis Group for the complete decision.

I believe in being fair to employers and understand that they are providing jobs, which is important for society. Employers need to be protected, just as much as employees need protection. However, in this case, the employers could have protected themselves very easily by simply revising their paid sick leave policy. The CA Supreme Court just took away an entire employment groups paid sick under Labor Code 233. I wouldn't be surprised if this case is revisited by the higher courts in the future.

I provide business litigation legal services in Southern California. I represent employers and employees. If you have any questions, please do not hesitate to contact me. My webiste is http://www.voneschlaw.com/.