McCarther

In this case we resolve whether Labor Code section 233, which permits an employee to use accrued paid sick leave to care for ill relatives, applies to paid sick leave policies that provide for an uncapped number of compensated days off. We conclude, contrary to the Court of Appeal, that Labor Code section 233 does not apply to paid sick leave policies that provide for an uncapped number of compensated days off.

Background

Plaintiffs Kimberly McCarther and Juan Huerta brought this representative action against their respective employers, SBC Services, Inc., and Pacific Bell Telephone Company, and against Pacific Telesis Group, Advanced Solutions, Inc., Southwestern Bell Video Services, Inc., Pacific Bell Information Services, and SBC Telecom, Inc. (collectively, defendants). In their second amended complaint, plaintiffs alleged three causes of action concerning defendants’ failure to provide paid leave to care for employees’ relatives in accordance with Labor Code section 233.

According to the parties’ stipulated statement of undisputed facts, plaintiff McCarther had been a service representative for one of defendants’ companies since 1998, and plaintiff Huerta had…