Case Summary

5003 Labor Code § 233, which requires employers to permit employees to use “accrued and available sick leave” to care for family members, does not apply to uncapped sick leave; therefore, the trial court properly granted summary judgment to an employer that failed to provide paid sick leave to care for family members to employees with an uncapped sick leave provision in their collective bargaining agreement.

MCCARTHY v PACIFIC TELESIS GROUP (Kin Care Leave) 48 C4 104 [See Lab Code § 233]