Paid Sick Leave

Starting on February 5, 2007, all employers must provide sick leave to each employee (including temporary and part-time employees) working within the geographical boundaries of San Francisco.

More information can be found on the SFGov website.

For employees in employment on or before February 5, 2007, paid sick leave begins to accrue on that date. For new employees hired after February 5, 2007, paid sick leave begins to accrue 90 calendar days after the employee’s first day of work.

For every 30 hours worked, an employee shall accrue one hour of paid sick leave. Leave accrues only in hour-unit increments, not in fractions of an hour, and the maximum accrual is 72 hours of paid sick leave (effectively 9 days for employees working 8 hours per day). However, where an employer has fewer than 10 employees (whether full-time, part-time or temporary) the limit is 40 hours.

Employers with paid sick leave provisions that are at least equivalent to the requirements of the ordinance are not required to provide any additional paid sick leave. The ordinance does not apply if the requirements are specifically waived under the terms of a bona fide collective bargaining agreement.

There are a number of different circumstances under which sick pay can be used, including at times of illness or injury to either the employee concerned, family member or other designated person.

Further regulations, as yet not approved, would have the effect of allowing employers to choose not to pay for sick leave used by employees between February 5, 2007 and June 5, 2007 until June 6, 2007, and removing any liability for penalties for a failure to pay for sick leave during this period.

With changes in state regulation an inevitable part of the future, you may wish to consider investing in a time and attendance system, which automates the process of recording and paying sick leave to your employees.

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