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San Francisco
Paid Sick Leave Law Goes Into Effect
On February 5, 2007
January 5th, 2007
Summary
San Francisco has become the first city in the
country to require paid sick leave for employees. Every worker
in San Francisco must earn one hour of paid sick leave for every
30 hours worked. Workers may use their paid sick leave to care
for themselves, their families or their partners. Big businesses
(defined as businesses with more than ten employees) must allow
employees to earn up to 72 hours of paid sick leave, while small
businesses (defined as those with ten or fewer employees) must
provide up to 40 hours. This new sick leave law takes effect
February 5, 2007.
For employees currently working for an employer
on or before the operative date of the ordinance, paid sick
leave begins to accrue as of February 5, 2007. For employees
hired after February 5, 2007, paid sick leave begins to accrue
90 days after the commencement of their employment. If an
employer has a paid-time-off policy that already provides
employees with an amount of paid leave that meets the
requirements of the ordinance, the employer is not required to
provide additional sick leave. An employer is also not required
to provide financial reimbursement to an employee upon the
employee's separation from employment for unused accrued paid
sick leave.
An employer may require employees to give
reasonable notification of an absence from work for which paid
sick leave is or will be used. An employer may only take
reasonable measures to verify or document that an employee's use
of paid sick leave is lawful.
Additionally, employers must post a notice
published by San Francisco’s Office of Labor Standards
Enforcement (“OLSE”) informing employees of their rights under
the law in English, Spanish, Chinese, and any language spoken by
at least 5% of the employees at the workplace.
Finally, employers must maintain records
regarding paid sick leave for a period of four years. These
records must be made available to the OLSE for the purpose of
monitoring compliance. If there is a dispute regarding an
employee’s entitlement and the employer fails to maintain
appropriate records, it shall be presumed that the employer has
violated the law absent clear and convincing evidence otherwise.
What This Means
San Francisco employers will need to be aware
of new requirements regarding accrual, use, and recordkeeping of
paid sick leave. Businesses should also make arrangements to
order and post OLSE notices as the law will soon require.
This E-Update was authored by
Lisa Hird
Chung. For more information, please contact Ms. Chung or any
Paul, Plevin attorney at 619-237-5200.
Paul, Plevin, Sullivan &
Connaughton is pleased to announce that the firm has named
Denise N. Brucker
as its newest partner.
Ms. Brucker specializes
in providing employers with advice and counsel on a broad range
of employment matters including hiring and terminations, wage
and hour laws, leaves of absence, disability accommodation,
employment contracts, trade secrets, personnel policies, and
discrimination and harassment issues. She also conducts audits
in the areas of exemption classifications and HR compliance.
Ms. Brucker is a 1997 graduate of Northeastern University School of
Law, and a 1992 graduate of the University of California, San
Diego. She joined Paul, Plevin in 2001.
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