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San Francisco Amends Paid Sick Leave Ordinance
Oct 19, 2016
October 18, 2016
Amendments Effective on January 1, 2017
The City of San Francisco has amended the city's paid sick leave ordinance, effective January 1, 2017. Highlights of the amendments are presented below.
- Expanded Use. An employee who is a victim of domestic violence, sexual assault, or stalking may use paid sick leave for the purposes described in certain provisions of the California Labor Code. Also, an employee may use paid sick leave for purposes related to donating the employee's bone marrow or an organ of the employee to another person. Further, an employee may use paid sick leave to care for or assist certain persons for purposes related to that person's donating bone marrow or an organ to another person.
- Changes to Accrual. For employees hired after February 5, 2007 but before January 1, 2017, paid sick leave begins to accrue 90 days after the commencement of employment with the employer, or on January 1, 2017, whichever is earlier. For employees hired on or after January 1, 2017, paid sick leave will begin to accrue on commencement of employment with the employer.
- Note: An employer may, in its discretion, make available to an employee a lump sum of paid sick leave at the beginning of each year of employment, calendar year, or other 12-month period (an "upfront allocation"). Click here (§ 12W.3(c)) for additional information.
- Calculating Leave. An employer must calculate paid sick leave using any of the following calculations:
- Paid sick leave for nonexempt employees will be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick leave, whether or not the employee actually works overtime in that workweek.
- Paid sick leave for nonexempt employees will be calculated by dividing the employee's total wages, not including overtime premium pay, by the employee's total hours worked in the full pay periods of the prior 90 days of employment.
- Paid sick leave for exempt employees will be calculated in the same manner as the employer calculates wages for other forms of paid leave time.
- Note: In no circumstance may paid sick leave be provided at less than the local minimum wage rate.
- Notice. On the same written notice that an employer is required to provide under state law (§ 246(h)), an employer must set forth the amount of paid sick leave that is available to the employee under the paid sick leave ordinance, or paid time off an employer provides in lieu of sick leave. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this requirement by indicating on the notice or the employee's itemized wage statement "unlimited." This requirement applies only to employers that are required by state law to provide such notice to employees regarding paid sick leave available under state law.
Click here to read the amendments. Additional information concerning San Francisco's paid sick leave ordinance is available by clicking here.
To review other laws specific to California, visit the State Laws section, click on California, and choose your topic of interest from the left-hand navigation menu.
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