Getting sick in San Francisco will soon mean getting paid. As of February 5, 2007, all full-time, part-time, and temporary employees working in the City of San Francisco are entitled to paid sick leave. San Fran. Admin. Code §§ 12W.1-12W.16. Known as Proposition “F,” San Francisco voters recently passed a ballot initiative requiring all local employers to provide paid sick leave to employees working in the city.
Under the new law, a business employing fewer than 10 employees (part-time included) must provide up to 40 hours of sick leave per year to each employee. A business employing more than 10 employees (part-time included) must provide up to 72 hours of sick leave per year to each employee. Existing employees (hired on or before February 5, 2007) may begin accruing sick leave immediately. For employees hired after that date, sick leave will begin accruing after 90 days of employment. Sick leave will carry over from year-to-year up to the statutory maximums, but an employer need not pay unused sick leave upon an employee leaving.
An employee may use paid sick leave for an employee’s own illness or for the illness of a “covered person,” including a child, parent, legal guardian or ward, sibling, grandparent, grandchild, spouse, registered domestic partner, or “designated person.” The above relationships include biological, adoptive, step-relationship, and foster care associations. “Child” includes child of a domestic partner and child of a person standing in loco parentis. An employee who has no spouse or registered domestic partner may designate one person for whom the employee may use paid sick leave.
In order to comply, employers should:
- Retain Records – The law requires retention of a record for a period of four years that documents hours worked by an employee and paid sick leave taken by an employee.
- Review Current Paid Time Off Policies – For those employers with existing paid leave policies, ensure the amount of paid leave may be used for the same purposes as paid sick leave.
- Post Notice – All employers need to post a notice of the paid sick leave policy in their place of business. Posters are available at www.sfgov.org/site/uploadedfiles/olse/Paid_Sick_Leave_Poster.pdf.