I am an exempt employee and work in an office with 8 people in California. Our corporate office and Human Resources is in Hawaii. Hawaii does not have state disability, therefore our 'sick policy' is very generous. In our handbook, the sick leave states I receive 26 weeks per year (based on over 10 years of service). I know this large amount of time is for a serious illness or surgery.

My father recently was diagnosed with cancer. He lives 200 miles away and will be having surgery to remove the tumor in his lung, followed up with chemo. I need to help him. (I anticipate 3 or 4 weeks?)

1) Can I use sick leave/kin care? The employees in Hawaii are not allowed to use sick leave to care for a child or parent.

2) If I can use kin care, what type of documentation would I need to supply my employer and can they fire me for taking time off?

3) Currently when I'm not feeling well, I work from home. Can I use 'kin care' and try to work from my father's house. (or is this up to employer discretion)

See this site...
http://www.management-advantage.com/products/kincare.htm

Your state laws would rule, not those of Hawaii.

I'm not well versed with CA kin care, however, it would seem you would qualify. Hold on until another poster more familiar such as Megan stops by this thread.

California law applies since you live/work in California. California law allows you to use up to 1/2 of your annual accrual for kin care. So if this 26 weeks is what you get for the year (not accumulative) then you can use 13 weeks of this time for care of you father.

I am not too well versed with Kin leave. We currently have 2 Time Accrual Banks. One PTO, One ALB (sick bank) Since this labor code allows our employee to use half of the accrued sick hours, my question is, since we have these 2 existing banks with different accrual rates, how much can I allow my employee to be paid? Do I combine both of what they accrue within 6 months and half the accrued amount since our policy states that the first 16 hours is from our PTO Bank for sick purposes, anything after 16 goes to the ALB bank? So technically the PTO bank is also used...

Please help clarify .

Thanks!

Since this original thread is a year old, it would be better if you started your own thread. Thank you.

Especially since the original poster is wrong - Hawaii DOES have state mandated disability.

I am an exempt employee and work in an office with 8 people in California. Our corporate office and Human Resources is in Hawaii. Hawaii does not have state disability, therefore our 'sick policy' is very generous. In our handbook, the sick leave states I receive 26 weeks per year (based on over 10 years of service). I know this large amount of time is for a serious illness or surgery.

My father recently was diagnosed with cancer. He lives 200 miles away and will be having surgery to remove the tumor in his lung, followed up with chemo. I need to help him. (I anticipate 3 or 4 weeks?)

1) Can I use sick leave/kin care? The employees in Hawaii are not allowed to use sick leave to care for a child or parent.

2) If I can use kin care, what type of documentation would I need to supply my employer and can they fire me for taking time off?

3) Currently when I'm not feeling well, I work from home. Can I use 'kin care' and try to work from my father's house. (or is this up to employer discretion)
Have you examined whether or not you are truly exempt?

SLA posted their question over a year ago & hasn't posted since. I doubt they will come back looking for an answer now.

SLA posted their question over a year ago & hasn't posted since. I doubt they will come back looking for an answer now. oops missed the date on that..thanks

Most all of us have done that at one time or another. :)