On August 3, 2016, the San Diego City Council approved an Implementing Ordinance [link: http://www.sandiego.gov/sites/default/files/tr_sd_minwageordinance_o-20706_20160805.pdf] amending several provisions of San Diego’s sick leave law. The Implementing Ordinance takes effect September 2, 2016.

Below is a summary of key points of the Implementing Ordinance.

  • Employers may cap an employee’s total accrual of earned sick leave at 80 hours.
  • Employers may satisfy the accrual and carry-over provisions of the law if no less than 40 hours of earned sick leave are awarded to an employee at the beginning of each benefit year.
  • An employer who provides greater paid time off, either through a contract, collective bargaining agreement, employment benefit plan, or other agreement, than that required by the law, is deemed to be in compliance even if the employer uses an alternative methodology for the calculation of, payment of, and use of earned sick leave or other paid time off that can be used as earned sick leave.
  • By October 1, 2016, employers must provide employees a written notice of the employer’s legal name, any fictitious business names, address, and telephone number, and the employer’s requirements under the minimum wage and sick leave law. The notice must include information on how the employer satisfies the requirements of the law, including the employer’s method of earned sick leave accrual. Templates of the notices are available at the San Diego City website: https://www.sandiego.gov/sites/default/files/trs_employee_notification.pdf.
  • Employers must create contemporaneous written or electronic records documenting their employees’ wages paid and accrual and use of earned sick leave, and provide such records on a regular basis. If you have any questions regarding implementation of sick leave policies for San Diego or other California locations, please contact the author or your usual employment counsel.
  • More information on the San Diego sick leave and minimum wage ordinance are available here: [http://www.aalrremploymentlaw.com/city-of-san-diego-enacts-minimum-wage-and-sick-leave-increases-effective-july-11/]