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The California Supreme Court recently ruled that employees are not entitled to unlimited time off to care for family members who are ill.
Under the California Kin Care law implemented in 1999, employers that offer accrued sick leave to workers must allow employees to use up to half their annual total to care for a spouse, child, parent or domestic partner who is ill.
Then as now, there is no requirement under the law that any California employer must provide sick leave to employees. However, for employers who choose to offer this benefit, the law addresses how it may be used.
In a rare unanimous ruling, the court found that the California Kin Care law applies only when a company awards a specific amount of sick leave, and that sick leave can be accrued.
The trend among some larger companies is to offer employees unlimited sick leave, especially under certain collective bargaining agreements.
Applauding the victory for California employers, attorney Anthony Oncidi noted that the law was a “perfect example” of a well-meaning law that resulted in abuse by employees. He noted that many California companies had actually reduced or eliminated sick leave policies, due to the previous restrictions.
In the test case involving telephone company AT&T, Inc., the employer provided up to 5 days of paid sick leave for a legitimate illness in any 7-day period. The sick leave period reset each time the employee returned to work, under a collective bargaining agreement. Employees who were off more than one week were eligible for short term disability, and employees could be disciplined for excessive absenteeism.
The employer argued that since sick leave was basically unlimited, it was excessive to expect the company to grant half of the sick leave to an employee taking care of a sick relative. That would theoretically result in unlimited time off to care for relatives, under the law.
Initially, the trial court agreed with the employer, but that was overturned on appeal. The California Supreme Court again found for the employer. In the majority opinion, Justice Carolos Moreno noted that if the court did not limit the law, it would permit an employee to claim as kin care much more time off than the employee would be entitled to personally.
The Arkansas Department of Labor recently announced the schedule of health conferences for 2010.
The agency schedules annual worker safety conferences. There are separate conferences for public and private employers. The conferences focus on worker safety and compliance including improving safety for teen workers. Initial findings show that fatal workplace accidents were down in 2009, due in part to increased safety awareness by employers, including those who attended conferences.
For private employers including businesses, the first 2010 Arkansas Safety and Health Conferences was held on February 25 in Little Rock. Additional conferences will be held in Pine Bluff on March 25, in Russellville on May 6 and in Ft. Smith on May 12.
For the summer, Arkansas Health Conferences are scheduled in West Memphis on June 10, El Dorado on July 22, Bentonville on August 12 and in Ashdown on August 19.
Fall conferences are scheduled in Jonesboro on September 9, in Batesville on October 7, and in Hope on October 14. The final conference of the year for private employers is in Blytheville on October 28. Contact Judy Harwell at 501-682-9092 to register, or for more information on conferences for private employers.
For public employers including state and municipal government agencies, 10 Health Conferences are scheduled. They will take place in Johnson on March 10, in Hot Sprints on March 18, in West Memphis on March 22, in Dermott on April 8 and in Jonesboro on May 19.
Summer conferences for employers in the public sector will be held in Mena on June 17, and in Bella Vista on August 5. In the fall, conferences will be held in hope on September 9, in Forth Smith on September 22 and in North Little Rock on October 20.
Contact Kevin Looney at 501-682-4521 for information concerning the Public Sector Conferences.