San Francisco Employment Law Focus: Paid Sick Leave

In February 2007, San Francisco implemented its Paid Sick Leave employment law. Per the terms of the ordinance, contained in Chapter 12W of the San Francisco Administrative Code, employers doing business in San Francisco must provide its employees with one hour of paid sick leave for every 30 hours worked.

Paid sick leave may be used for the employee’s illness, injury, medical condition, diagnosis or treatment; and for time taken off by an employee to provide care or assistance to certain other persons for a medical reason. The employee can use paid sick leave to care for the following: child, parent, legal guardian or ward, sibling, grandparent, grandchild; and spouse, domestic partner, or “designated person.”

If an employee has no spouse or domestic partner, the employee may designate one person for whom they may use paid sick leave to provide care. A San Francisco employer must provide an opportunity for the employee to make a designation within 10 days of accrual of their first hour of paid sick leave. After that window of time, a San Francisco employer must provide its employees with an annual opportunity to name or change their designated person.

For San Francisco employers who employ fewer than 10 employees, the law establishes a cap of 40 hours of accrued paid sick leave per employee. Employers with 10 or more employees have a per-employee cap of 72 hours of accrued paid sick leave.

A San Francisco employer may take reasonable measures to confirm that an employee’s use of paid sick leave is proper. An employer:

“may confirm that the employee’s use of paid sick leave was for a reason and for a person specified”

under the law. A San Francisco employer may require the employee for produce a physician’s note or other medical documentation for absences of more than three consecutive work days. If the employee misses work for 3 or fewer consecutive days, the employer cannot require the employee to produce a physician’s note for the use of paid sick leave. The only exception being where there are:

“situations of a pattern or clear instance of abuse,”

in which case the employer can require documentation regarding the leave.

Employees who assert their right to take leave under this San Francisco employment law are protected from retaliation. If an employee were fired as a result of taking leave, they can bring an action against their employer for wrongful termination and seek damages and/or reinstatement of employment.

This San Francisco employment law is designed to ensure that San Francisco employees have the right to take time off from work for illness; either their own or for a family member. Although most employers have sick leave policies, this San Francisco employment law ensures that all San Francisco employees have the right to take a leave of absence when faced with health related issues, a right which we believe all employees should have in the workplace.

If you have any questions about this new law, or any other California employment law question, you should contact us to arrange for a consultation in our San Diego, Orange County or San Francisco offices.

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