Employers are required by San Francisco’s paid sick leave legislation to offer up to 40 or 72 hours of paid sick leave, depending on the size of the company. Employees’ access to protected time off for health and safety needs is guaranteed by these standards.
California statewide rules are applicable in cases where the ordinance is silent or if state requirements are more lenient. Particularly, in areas like the lending of paid sick leave, paystub statements, calculating techniques, notice for future leave, payment scheduling, and separation payments, the state’s obligations supersede local regulations. California law offers more protective regulations for sick leave accrual caps and sick leave for “designated persons,” which San Francisco companies should take particular heed of.
Frequently Asked Questions Regarding Paid Sick Leave in San Francisco
Maintaining workplace compliance and promoting employee well-being need an understanding of San Francisco’s paid sick leave regulations. In order to offer complete worker safeguards, the law combines state regulations with particular requirements for leave accrual and utilization. What you need to know to maintain compliance is as follows.
In San Francisco, who is eligible for paid sick leave?
This leave is available to those who work in San Francisco for at least 56 hours annually.
Which companies are required to offer this leave?
This leave must be offered by anyone who employs an employee or has any influence over their pay, hours, or working conditions. If at least one employer is subject to the sick leave law in a joint employment situation, both employers are obligated to make sure the worker gets all of the necessary paid sick leave.
How much leave must businesses offer?
For every thirty hours worked, employees are entitled to one hour of paid sick leave. Leave is not accrued in smaller fractions of an hour, but only in one-hour increments. You have to pay for the leave.
What is the function of paid sick leave in San Francisco?
In addition to receiving diagnosis, medical care, or treatment, employees can utilize paid sick leave to treat their own disease, injury, or medical condition. Paid sick leave in San Francisco also covers taking care of family members who are ill, hurt, or undergoing medical treatment, such as:
- Children (including the offspring of a domestic partner)
- Parents, including those who raised the employee when they were a minor
- Siblings
- The grandparents
- Grandchildren
- guardians by law
- Wives
- Domestic partners who are registered
- The designated individual (for workers without a registered domestic partner or spouse)
What does this have to do with other kinds of leave?
As long as the paid time off policy allows for leave for the same reasons and offers at least as much leave as the sick leave rule mandates, employers can use it to meet these criteria.
Can businesses restrict the number of sick days that workers can take in a given year?
Workers are free to take as much paid sick leave as they like. Employers with less than ten workers may cap total accrual at forty hours, while those with ten or more workers may cap at seventy-two hours. Nonetheless, workers are permitted to accrue up to 80 hours or 10 days, whichever is greater, under the state’s sick leave statute.
Is it possible for companies to offer all of the leave at once rather than allowing it to accrue?
A lump sum payment at the start of the benefit year is one way for employers to frontload sick leave. Once the employee has put in enough hours to surpass the frontloaded amount, they must continue track accrual and permit carryover of unused leave. A formal documented sick leave policy is another need for employers.
Does unused leave have to be carried over by employers?
Yes, subject to the corresponding accrual cap (40 or 72 hours), employees may carry over any unused and accrued leave to the next year. Keep in mind that accrual is permitted by state law up to 80 hours or 10 days, whichever is greater. Frontloading does not eliminate the need for carryover.
What is the minimum amount of leave that an employee is permitted to take?
A minimum increment of use of no more than one hour may be specified by employers.
What notice is required of both employers and employees?
For predictable absences, employers may demand “reasonable” advance notice. Policies may mandate notice for unplanned absences “as soon as practicable,” which is two hours or less prior to the start of a shift, but it is acknowledged that in certain circumstances (such as an unexpected sickness) this may not be acceptable.
In a shared space, employers are required to publish a poster explaining employees’ rights to paid sick leave, along with translations in languages that more than 5% of employees speak. Additionally, they have to write on paydays or on paystubs the available sick leave balances.
What kind of proof are employers allowed to request?
When workers take more than three days off in a row, their employers may demand verification. They cannot, however, ask for more details than are necessary to confirm that the leave was taken for a legitimate purpose.
When workers take this vacation, are their employment and benefits protected?
Yes, workers who take this leave do not lose their jobs. Employers are required to reinstate previously acquired but unused leave if workers are rehired within a year. Employers are exempt from paying out unused sick leave at separation, though.
San Francisco Paid Sick Leave Laws and Requirements for 2025.