Torstrup-Lanham

*462 MEMORANDUM ***

In this diversity case, Cynthia Torstrup-Lanham appeals from the district court’s order granting Government Employees Insurance Company’s (“Geico”) motion for summary judgment as to Torstrup-Lanham’s claims under California Labor Code §§ 233 and 234, 1 and California Business and Professions Code § 17200 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Torstrup-Lanham contends vacation leave, floating holidays, and personal leave accrued under Geico’s leave policy qualify as “sick leave” under § 233(b)(4). Accordingly, Torstrup-Lanham claims Geico’s dependability policy 2 —which penalizes employees for using unscheduled vacation leave, floating holidays, and personal leave to care for a sick family member— violates §§ 233 and 234. Under Geico’s leave policy, however, vacation leave, floating holidays, and personal leave are distinct from sick leave; each has its own separate purpose, requirements, and rate of accrual. Geico does not provide vacation leave, floating holidays, and personal leave “for use by the employees ... for [specified illness-related absences].” See Cal. Labor Code § 233 (b)(4). Thus, these types of leave do…