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Starting February 5, 2007, all employers must provide paid sick leave to each employee who is employed within the geographic boundaries of the City and County of San Francisco.
For employees in employment on or before February 5, 2007, paid sick leave begins to accrue on that date. For new employees hired after February 5, 2007, paid sick leave begins to accrue 90 calendar days after the employee’s first day of work.
For every 30 hours worked after the start of accrual, an employee accrues one hour of paid sick leave. Leave accrues only in hour-unit increments, not in fractions of an hour. The maximum accrual is 72 hours of paid sick leave (effectively 9 days for employees working 8 hours per day). However, where an employer has fewer than 10 employees (whether full-time, part-time or temporary) the limit is 40 hours. Once an employee has accrued the maximum, it continues to be available, carrying over from year to year.
Employers with paid sick leave provisions that are at least equivalent to the requirements of the ordinance are not required to provide any additional paid sick leave. The ordinance does not apply if the requirements are specifically waived under the terms of a bona fide collective bargaining agreement.
Paid sick leave may be used when an employee is ill or injured, or to receive medical care or treatment, or to care for a family member (i.e. child, parent, legal guardian or ward, sibling, grandparent, grandchild, spouse or registered domestic partner) or another designated person, in similar situations.
Details of the right to paid sick leave must be posted where employees can easily read them. Employers must keep records of leave taken for a period of four years and must provide the Office of Labor Standards Enforcement (OLSE) with access to the records if required.
Employees may not retaliate or act to the employee's detriment for exercising any right under these arrangements. Aggrieved employees may file a complaint with OLSE.
Further regulations, as yet not approved, would have the effect of allowing employers to choose not to pay for sick leave used by employees between February 5, 2007 and June 5, 2007 until June 6, 2007, and removing any liability for penalties for a failure to pay for sick leave during this period.
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Further information:
Sick Leave Ordinance
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For Payroll and Human Resource Professionals
