An employee can use PSL for the diagnosis, care, or treatment of an existing health condition, or preventive care, for themselves or a “family member.”1 For example, an employee could take PSL for a cold or other sickness, for a sick child, or for an annual physical or other preventive care, like a flu shot.
Under the Act, family member has a broader definition than that found in the Family and Medical Leave Act/California Family Rights Act (FMLA/CFRA). For more information, see
FMLA and CFRA Qualifying Reasons.
A family member under the Act is a:
PSL may also be used for an employee who is a victim of domestic violence, sexual assault or stalking. For more information, see
Domestic Violence, Sexual Assault and Stalking Victims' Leave.
An employee can use the full amount of the paid sick days for a qualifying family member.
Because the definition of family member is broader than that under FMLA/CFRA, if, for example, an employee used three days of PSL under the Act to care for a grandchild, those particular three days could not be charged against an employee’s FMLA/CFRA entitlements because those leaves only cover children, parents, spouses and (CFRA only) registered domestic partners — not grandchildren.
1. Lab. Code secs. 245.5, 246.5