San Francisco paid sick leave laws require employers to provide up to 40 or 72 hours of paid sick leave, depending on employer size. These requirements ensure employees have access to protected time off for health and safety needs.
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. San Francisco employers should particularly note that California law provides more protective requirements regarding sick leave accrual caps and sick leave for “designated persons.”
Common Questions About San Francisco Paid Sick Leave
Understanding San Francisco 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 Francisco?
Employees who work at least 56 hours per year in San Francisco are eligible for this leave.
Which employers have to provide this leave?
Any person that employs or has some control over an employee’s wages, hours, or working conditions must provide this leave. In cases of joint employment, if at least one employer is covered by the sick leave rule, both employers must ensure the employee receives all required paid sick leave.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 30 hours worked. Leave accrues only in one-hour increments, not in smaller fractions of an hour. The leave must be paid.
What can San Francisco paid sick leave be used for?
Employees can use paid sick leave to treat their own illness, injury, or medical condition, as well as receive diagnoses, medical care, or treatment. San Francisco paid sick leave also extends to care for family members who are ill, injured, or receiving medical care, including:
- Children (including a domestic partner’s children)
- Parents (including those who acted as a parent when the employee was a minor)
- Siblings
- Grandparents
- Grandchildren
- Legal guardians
- Spouses
- Registered domestic partners
- Designated person (for employees without a spouse or registered domestic partner)
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?
Employees can use any amount of paid sick leave they have available. For total accrual, employers with less than 10 employees can cap at 40 hours, while those with 10 or more employees can cap at 72 hours. However, the state sick leave law allows employees to accrue up to 80 hours or 10 days, whichever is more.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload sick leave by providing a lump sum at the beginning of the benefit year. However, they must still allow carryover of unused leave and track accrual once the employee has worked enough hours to exceed the frontloaded amount. Employers must also document this in a formal written sick leave policy.
Do employers have to carry over unused leave?
Yes, employees can carry over any accrued and unused leave to the next year, subject to the applicable accrual cap (40 or 72 hours). Remember that state law allows accrual up to 80 hours or 10 days, whichever is more. Carryover is required even when frontloading.
What is the smallest amount of leave an employee can use?
Employers can set a minimum increment of use of not more than one hour.
What notice do employers and employees need to provide?
Employers can require “reasonable” advance notice for foreseeable absences. For unforeseeable absences, policies can require notice “as soon as practicable,” defined as two hours or less before a shift starts, with recognition that some situations (like sudden illness) may make this unreasonable.
Employers must display a poster about paid sick leave rights in a common area, with translations for languages spoken by more than 5% of workers. They must also include available sick leave balances on paystubs or in writing on paydays.
What verification can employers ask for?
Employers can require verification when employees take more than three consecutive workdays of leave. However, they can’t require more information than needed to verify the leave was taken for an allowable reason.
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 one year, employers must reinstate previously accrued but unused leave. However, employers are not required to pay out unused sick leave at separation.
Simplify San Francisco Paid Sick Leave with SixFifty
Navigating San Francisco 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!
