Is my employer violating the law

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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