It is rough out here for parents. As soon as one kid gets sick, the whole family goes down. And then the cycle repeats itself again. I know last winter I spent nearly two months either sick or caring for my sick kids.

San Gabriel Valley resident Bryant Rivera has a five-year-old daughter, who he says gets sick nearly every month. “I feel bad now because I don't have the PTO hours to keep her home, to prevent the other kids from getting sick and to prevent the teacher from getting sick.”

So, if you need to take the day off to take care of yourself or your kids, what CAN you do? Here’s our best shot at answering some of the top questions you might be facing if you need to take time off because of illnesses or any other health issues.

(Did we miss your question? If you read this and still have questions, ask us below.)

What are the stakes here?

According to Katherine Wutchiett, staff attorney at Legal Aid at Work, without sufficient sick leave, families have to face tough questions like, "If I can't work, am I not going to get paid?" And, "If I miss work without pay, am I going to lose my job?"

She runs a free, confidential helpline where her team answers people's questions about how to take time off without sacrificing their jobs and income. In her work, she has heard from people who have to navigate issues like school closures due to COVID-19, caring for older relatives, and pregnancy leave. Even on her team of attorneys, many of her colleagues personally have had to deal with these issues.

“COVID really showed us how crucial it is to have a strong, protective paid sick days policy,” says Jenya Cassidy, director of the California Work and Family Coalition. She says this is the top priority for people she has heard from across the state, particularly retail, restaurant, and farmworkers. “We hope to work with our members and allies in the labor movement to push to improve our current law.“

What does the law say?

How can I take a day off? What are my rights under current law?

As it currently stands, in the state of California, we get five guaranteed paid sick days.

Five days is the minimum required by state law, though your employer can offer more. And some cities have sick leave laws with different provisions. For example, in Los Angeles, employees qualify for six days (up to 48 hours) of sick time. In Santa Monica, your sick time can be five to nine days (40 to 72 hours) depending on the size of your workplace. In San Francisco, eligible employees get nine days (up to 72 hours).

Remember: California workers can also take sick time or family leave to care for “chosen family.”

Look up what type of sick leave is available in the specific city or state where you live.

You can use sick leave if you are sick, but you can also use it for things like:

• Preventative care, like taking a child to be vaccinated 
• Caring for your child if they’ve tested positive for COVID-19 or have been exposed at school
• Caring for family members, like children, parents, grandparents, and domestic partners
• Mental health — there isn’t a requirement to use it just for physical illness
• Specified purposes if you are a victim of domestic violence

Cassidy says it’s important for people to know that it’s their right to take sick leave. “It's like its own kind of mini safety net in a country that doesn't have very many safety nets.”

She says she’s heard stories, like that of a carwash employer who told their employees that they don’t get paid sick leave — but that’s not how the law works. And if you work in a restaurant, you don’t have to trade shifts with a co-worker. You, too, can use sick leave. It’s also important to note that sick leave is available to you regardless of immigration status.

Aside from paid time off, you can also take unpaid time off with the assurance that your job will be protected under the Family School Partnership Act. With this time, you can request to participate in school or daycare activities, like finding a new school or daycare, attending school functions, or to address a school or child care provider emergency.

Under this law, you can use up to 40 hours a year and your boss will not be able to lay you off. It’s limited to eight hours a month, except in the case of an emergency. For example, if your child’s school closes because of damage from a mudslide, that would be a circumstance in which you could use the entire 40 hours in one month.

And don’t forget — you also have the right to a safe workplace, which includes guidelines for viruses like COVID-19s and other diseases and health conditions.

Wait a minute, wasn't there a law where I get extra time off if I have COVID-19?

Under the 2022 COVID Supplemental Paid Sick Leave Law, California workers were allowed up to 80 hours (two weeks) of extra sick leave. This law applied to employers with more than 25 employees and provided sick time for people who are unable to work because they were caring for themselves or a family member due to COVID-19, or because of vaccination appointments or side effects. However, that expired at the end of 2022.

What if I need more time?

I’m taking care of someone really sick with COVID and I need even more time off. What can I do?

If you are sick with a more serious health condition or are caring for a loved one who is, and you need to take extended time off, you may qualify for leave.

According to Wutchiett, a serious health condition is something that results in inpatient care, or continuing treatment or supervised vision by a health care provider. For example, COVID-19 can also qualify if it leads to conditions like pneumonia.

If you do qualify, there are two pieces of this: job protection and paid leave.

For job protection, under the California Family Rights Act, you’re entitled to 12 weeks of job protected leave. This law doesn’t include pay, but it does mean you can’t get fired while you take time off to care for a seriously ill family member. It applies to anyone working in a workplace with five employees or more.

As of Jan. 1, 2023, the law changed to allow people to take leave to care for a “designated person.” This means that person can be a blood relative or someone else the employee considers like family — also known as “chosen family.”

To get paid during this time, you can use California’s paid family leave program, which lasts for eight weeks and provides 60% to 70% of your income — soon to be 70% to 90%, starting in 2025. This benefit is available to any California worker, regardless of immigration status. It’s a program that all employees pay into, so it’s 100% funded by employees. You do need a doctor’s note to get approval.

A few other things that might apply to you:

• If your health condition is the result of injury while on the job (which also includes, in some cases, illnesses), you may be eligible for workers compensation, which would pay for your medical bills and can provide up to 100% of your salary, permanently. (Workers compensation is not available to undocumented employees.)
• If you are unable to work because of a persistent health condition (which could include “long COVID”), you may be able to apply for Disability Insurance, which gives you 60-70% of one year’s wages. A health issue is considered a disability if it “substantially limits one or more major life activities.” (Disability insurance is available regardless of immigration status.)
• If you’ve lost your job or your hours have been cut, you might qualify for Unemployment Insurance. (Unemployment insurance is not available to undocumented workers.)

Does your brain hurt? Mine does. As my friend and former colleague at the UCLA Labor Center Tia Koonse says, “It’s amazing what we make people an expert in — just to go to work and not die.”

Can I get flexible hours instead?

You can also get creative. If you want to continue working, but adjust your work conditions to make things easier for you and your family, you might be able to ask for other accommodations.

“Even if the law doesn't require a particular leave or accommodation that an employee may want,” says Thomas Lenz, partner at Atkinson, Andelson, Loya, Ruud & Romo law firm, “It may be in the employer's best interest to work with that employee to achieve a solution that's going to keep that employee on board.”

Cassidy says that if your job could lend itself to working from home, but you are not doing so, this is an ask that employers have been more willing to give since the start of the pandemic. Depending on the job, you could also ask to be able to flex your time so that the work hours fall at times that are convenient for caring for your kids.

And if you have a disability, due to a persistent health issue or otherwise, the California Fair Employment and Housing Act says that your employer has to provide reasonable accommodation for you to perform the essential duties of your job. Koonse says that since accommodations are so varied and specific to your job and disability, you can propose them. They can be things like teleworking, switching from a position at the register to a position in the back of the stockroom, or if you usually have a standing position, you can ask for a seat.

How do I ask my boss for time off?

Let's talk about how to make a request. For starters, these things are key:

• Get it in writing.  It's fine to request leave over the phone or in person, but follow up in writing. That way you have a record of your conversation.
• Include the details. Make sure you include the dates you anticipate needing leave, when you expect to be able to return to work, and the reason you are not able to work. 
• Name drop the law. It can be helpful to include the name of the law or laws that provide the leave you’re requesting. That way, says Wutchiett, if the employer is unfamiliar with the law, they can look it up.

And to finesse the conversation …

• It can help to give as much notice as you can. For example, you can contact the employer right when there’s a school closure so they have notice.
• It can be helpful to rehearse. Or run your email or text by a friend to double check it. It can make you feel more prepared.
• Cassidy says sometimes it’s good to take a buddy. It is something that she has seen work with people who are talking to their employer about lactation accommodations. It’s possible to approach your supervisor in a friendly way to educate them. Or you can have the conversation on your own if your boss will feel like they are cornered. You know your boss, so you probably have a good idea about what approach would work best. 

Most importantly, says Wutchiett, remember: “It’s against the law for people to treat people worse because they try to assert any of these rights.”

What if my boss causes problems?

What if my employer tells me something incorrect or does something against the law?

It may be that your boss is unfamiliar with the law, and a friendly share of links and educational materials can help.

However, if your boss is insistent that you can’t use sick leave (or if you don’t receive minimum wage, meal and rest breaks, or tips), you may be dealing with a case of wage theft. You can file a wage claim with the California Labor Commissioner’s office. You may also file a complaint for exclusion pay violations to Cal/OSHA.

If I'm a manager, how can I help an employee?

Be prepared to listen

Lenz heads the labor division of Atkinson, Andelson, Loya, Ruud & Romo and works with a wide variety of businesses and public entities. He says that since the start of the pandemic, relationships have been strained and it’s important for employers to focus on open communication.

“I'm telling employers, we need to listen to each other, we need to really take time not to just announce rules, and to tell people how things are going to be, but also to be prepared to listen to what's going on with their employees,” he says. “And it's actually a positive thing if an employee is going to come to you and tell you what's going on, because … that means that they trust you and they're looking for your help.”

Stay informed

Lenz says that employers need to stay tuned at the local level for rules so that they enter into a conversation aware of their obligations. Some good resources for employers include the Society of Human Resources Management (SHRM); government websites like the California Department of Industrial Relations, California Employment Development Department; and local websites like City of Los Angeles, City of Santa Monica, and City of Pasadena.

If your company uses an Employee Assistance Program (EAP), this can be a resource to provide mental health, dependent care, and conflict resolution services to your employees. Human Resources Professionals Association and National Human Resources Association – Los Angeles are also helpful to stay up to date on HR matters.

In addition, for small businesses, Small Business Majority hosts policy and technical support events and webinars.

One more thing: Your HR department should be able to tell you the minimum that needs to be disclosed by an employee, both to HR itself and to anyone else in the organization, including your own boss. For example, under the California Family Rights Act (CFRA), an employer can request medical certification as a condition of granting a leave for a serious health condition. An employee is not required to provide additional information beyond what is needed to approve the request. 

What if I'm overwhelmed?

More of a comment than a question: I'm just so mad and tired.

If all of this is seeming like it’s a little too much, we feel you.

If you’re looking for someone to talk to about it, see LAist’s guide to finding mental health support.

And if you’re the kind of person that finds solace in apocalyptic thinking, Darby Saxbe, associate professor in the department of psychology at the University of Southern California, says that there’s some hope in us seeing our systems completely blow it.

“When everything sort of falls apart at the same time, there's opportunity for reflection and new beginnings,” she says. “And I think we're at this sort of critical moment where if we don't invest in our care infrastructure, if we don't support families with things like paid family leave, with better education funding, with better child care infrastructure, we will collapse.”

In other words, it’s a wake-up call.

Pushing for change

None of this is good enough. What can I do to change things?

There are lots of ways to make your voice heard about your concerns as a parent.

Wutchiett says that if you have a union, you can check in with them to see if your contract includes other rights that they’ve negotiated for. Your union will likely also be able to tell you where you can share your story for it to make an impact.

Also, talk to your local and state representatives. If it feels intimidating, know this: It’s literally their job to listen to you. Learn about the basics of how Los Angeles government works and different ways to make your voice heard.

If you want to team up with others to make the process easier, you can plug into one of the many organizations working on these issues.

Cassidy says that her organization, the California Work and Family Coalition, in collaboration with the California Labor Federation and other community and labor groups throughout the state, will be working on paid sick leave this year.

Regardless of how you get involved, doing something can help provide some peace of mind. Says Cassidy, “It can be very satisfying, when you're frustrated about something, to at least know that you're doing what you can.”

Senior reporter Mariana Dale contributed to this story. Erin Mercer, Carlo Giovanni, and John Braden of Southern California Public Radio’s Human Resources department also offered guidance.