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McCARTHER v. PACIFIC TELESIS GROUP

No. S164692.

48 Cal.4th 104 (2010)

KIMBERLY McCARTHER et al., Plaintiffs and Appellants, v. PACIFIC TELESIS GROUP et al., Defendants and Respondents.

Supreme Court of California.

February 18, 2010.

Attorney(s) appearing for the Case

Weinberg, Roger & Rosenfeld and David A. Rosenfeld for Plaintiffs and Appellants.

Paul, Hastings, Janofsky & Walker, J. Al Latham, Jr., Thomas E. Geidt, Laura N. Monfredini and Paul W. Cane, Jr., for Defendants and Respondents.

Erika C. Frank for California Chamber of Commerce as Amicus Curiae on behalf of Defendants and Respondents.

Seyfarth Shaw, Stacy D. Shartin, John A. Van Hook and Simon L. Yang for California Employment Law Council and Employers Group as Amici Curiae on behalf of Defendants and Respondents.

OPINION

MORENO, J.

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

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