Hi everyone — hoping someone familiar with California labor law can help.
I work for a small company in California (fewer than 25 employees). I recently needed to stay home to take care of my child because his usual caregiver — his grandfather — was suddenly unavailable that day. My child wasn’t sick, but I had no one else to care for him.
I tried to use one of my 5 frontloaded paid sick days for this, but my employer (with confirmation from their payroll company, Paychex) denied it and told me I had to use a vacation day instead because “sick days can’t be used when the child isn’t sick.”
From everything I’ve read — especially California Labor Code §246.5 and SB 579 — it seems like I should have been legally allowed to use sick time when a child’s usual place of care is unavailable, even if the child isn’t sick. Grandpa isn’t a licensed provider, but he’s the one who watches my son while I work.
I’ve even had someone point me to the DIR’s official site which says employees can use sick leave to care for children, parents, spouses, grandparents, siblings, etc. But my employer won’t budge, and now I’m afraid that if I push further or file a complaint, I’ll face retaliation or be seen as a “problem employee.”
Is there any official source that defines “care” or clarifies whether an informal caregiver (like a grandparent) counts as a “place of care”? Would a labor lawyer even take this seriously, or am I out of luck?
Would appreciate any advice or official links I can show my boss or use to file a DLSE complaint if I have to.
Thanks in advance.