Labor & Employment Law Blog

Earlier this year, voters in San Francisco approved amendments to the San Francisco Paid Sick Leave Ordinance in an effort to streamline the Ordinance’s provisions with that of the California sick leave law.  The changes to the San Francisco law take effect January 1, 2017.

Among the revisions to the Ordinance are the following provisions:

• Explicitly recognizes front-loading sick leave, which it labels “upfront allocation.”  Therefore, a lump sum may be provided at the beginning of each year of employment, calendar year, or other 12-month period.
• Codifies the requirement that San Francisco sick leave be indicated on the itemized wage statement or a separate writing provided on payday.
• Clarifies that San Francisco sick leave may be paid at rates consistent with the formulas set by State law.
• Specifies that San Francisco sick leave may be used for bone marrow or organ donation leave.
• The San Francisco Office of Labor Standards Enforcement will create a poster that satisfies both State posting requirements and San Francisco posting requirements in one poster.  As of this writing, the San Francisco OLSE has not yet published the new poster.

However, the ballot initiative added more complication to the provision of sick leave to employees regarding the minimum increment for use of sick leave.  State law provides that the minimum increment may be no more than two (2) hours.  San Francisco now sets the minimum increment at one (1) hour.

A copy of the ballot initiative may be obtained here. (link)

Employers should review their sick leave policies to ensure compliance with these latest changes to the law.  Employers with questions regarding the San Francisco sick leave ordinance and the interaction with State law may contact one of the authors or their usual employment law attorney at Atkinson, Andelson, Loya, Ruud & Romo for assistance.