Caregiving Is Not a Personal Errand
“I’m not the one who’s sick.”
Between 35-plus years in HR, including thousands of leave and accommodation matters, and now my own law practice, that line comes up more than almost any other. An employee’s parent, spouse, or child gets a serious diagnosis, and the employee assumes their own time off does not count as real leave, because they are not the patient.
Wrong.
What people think: only the person who is sick has protected leave. What California actually says: caring for a family member with a serious health condition is its own protected category. The California Family Rights Act (CFRA) covers leave to care for a parent, spouse, domestic partner, or child with a serious health condition, separately from the employee’s own medical leave. The Healthy Workplaces, Healthy Families Act lets employees use accrued paid sick leave for a family member’s diagnosis, care, or treatment, not only their own. California’s Paid Family Leave program can replace a portion of lost wages during that time. And the Fair Employment and Housing Act (FEHA) separately protects employees from discrimination based on their association with a family member who has a disability, even when the employee themselves has no medical condition at all.
“I’m not the one who’s sick.” “It’s just a few doctor’s appointments.” “I didn’t want to make it about me.” Every one of those is the reason someone did not ask for leave they were entitled to.
Representing employers on leave-administration questions and employees on denied caregiver leave requests teaches the same lesson from both sides: the paperwork trail is what decides these cases, not who felt more inconvenienced by the request.
Caregiving is not a personal errand. It is protected leave. Say the word “caregiver” out loud to HR, and put the request in writing.
Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine whether you have a claim – and how much of a conversation that takes.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts – no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.