SSan Francisco has become the first city in the nation to require companies to provide paid sick leave. The new law applies to virtually all employees, including part-time and temporary employees, who work within the boundaries of the city.

The ordinance entitles employees to accrue one hour of paid sick leave for every 30 hours worked. The maximum allowance is 40 hours of paid sick leave for employers with less than 10 employees, and 72 hours for all other employers. Sick leave accrued by employees must be carried over year to year, but there is no requirement to payout unused sick leave upon termination. The law, as stated, will give employees working as of February 5th, 2007, the right to begin to accrue sick leave. While those starting after that date will have to work 90 days before they start to accrue any sick time.

Employers must post notices in English, Spanish, and Chinese, and any language spoken by more than 5% of their employee population. Records must be kept for a minimum of four years. Failure to keep the records creates a presumption of violation of the ordinance by the employer. Penalties for violation of the sick leave requirements can include the greater of $250 or treble damages. While employers may bargain for a waiver of rights by employees, and waiver must be an express waiver in clear and unambiguous terms.

Back to main