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  • Kin Care California

    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)

  • #2
    See this site...
    http://www.management-advantage.com/...ts/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.
    -----------------------------------------
    98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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    • #3
      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.

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      • #4
        Kin Leave Question

        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!

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        • #5
          Since this original thread is a year old, it would be better if you started your own thread. Thank you.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Especially since the original poster is wrong - Hawaii DOES have state mandated disability.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Originally posted by SLA View Post
              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?
              Walter

              www.California-Labor-Law-Attorney.com
              "Wage and Hour Class Action Attorneys"

              Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

              Comment


              • #8
                SLA posted their question over a year ago & hasn't posted since. I doubt they will come back looking for an answer now.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Originally posted by Betty3 View Post
                  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
                  Walter

                  www.Californialaborlaw.info
                  "California Wage and Hour Class Action Attorneys"

                  Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                  Comment


                  • #10
                    Most all of us have done that at one time or another.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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