San Diego paid sick leave laws require employers to provide up to 40 hours of paid sick leave per year. This local mandate works in conjunction with California state requirements to ensure comprehensive worker protections.
Where the ordinance is silent or where state requirements are more generous, California statewide requirements apply. The state’s requirements specifically preempt local rules in areas such as lending of paid sick leave, paystub statements, calculation methods, notice for foreseeable leave, payment timing, and separation payments. Staying compliant means understanding both California’s paid sick leave laws, as well as local San Diego ordinances.
Common Questions About San Diego Paid Sick Leave
Understanding San Diego paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while working in tandem with state regulations to provide comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in San Diego?
Employees who are non-exempt under California law and work at least 2 hours per week in San Diego are eligible for this leave.
Which employers have to provide this leave?
All employers must provide this leave to San Diego employees.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 30 hours worked in San Diego. Leave accrues in one-hour increments, meaning employers don’t have to provide leave for fractions of 30 hours worked.
What can San Diego paid sick leave be used for?
Employees can use paid sick leave to treat their own illness, injury, or medical condition, or for diagnoses, medical care, treatment, or other medical reasons (including pregnancy or physical exams).
Employees can also take paid sick leave when their workplace or their child’s school is closed due to a public health emergency. Additionally, it applies to taking safe time related to domestic violence, sexual assault, or stalking to seek medical attention, victim services, counseling, relocation, or legal services for themselves or family members.
The law also encompasses care for family members with an illness, injury, or medical condition. “Family member” includes children, spouses, domestic partners, parents, siblings (including half, adopted, or step-siblings), grandparents, grandchildren, and children or parents of spouses.
How does this relate to other types of leave?
Employers can use a paid time off policy to comply with these sick leave requirements as long as the policy provides at least as much leave as the sick leave rule requires and allows for leave for the same reasons.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to 40 hours of leave per year. For total accrual, employers can cap at 80 hours.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the benefit year instead of using the accrual process. Employers that frontload don’t have to allow carryover.
Do employers have to carry over unused leave?
Employees can carry over any accrued and unused leave to the next year, subject to the total accrual cap of 80 hours. However, employers that frontload the full 40 hours don’t have to allow carryover.
What is the smallest amount of leave an employee can use?
Employers can set a minimum increment of use of not more than two hours.
What notice do employers and employees need to provide?
Employers can require employees to give “reasonable notice” of the need for leave. For foreseeable leave, employers can require no more than seven days advance notice. For unforeseeable leave, employees must give notice as soon as possible.
Employers must display a poster about sick leave rights in a common area, with translations for English, Spanish, and any language spoken by at least 5% of employees at the worksite. They must also provide written notice to employees about sick leave requirements at the time of hire.
What verification can employers ask for?
For absences exceeding three consecutive workdays, employers can request reasonable documentation showing the leave was needed. A healthcare provider’s note confirming the need for leave is sufficient, and employers cannot require the note to specify the injury, illness, or medical condition.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. If employees are rehired within six months, employers must reinstate previously accrued and unused paid sick leave, unless this was paid out at separation. Employers are not required to pay out unused sick leave at separation.
Simplify San Diego Paid Sick Leave with SixFifty
Navigating San Diego paid sick leave requirements can be complex, especially when coordinating with California state regulations. SixFifty’s solutions streamline the process, ensuring your policies align with both city and state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
