San Francisco Paid Sick Leave Act

A new municipal law has been enacted by San Francisco in 2007, under which all employers must provide paid sick leave to each employee (including temporary and part-time employees) who performs work in San Francisco.

This “San Francisco Paid Sick Leave” began to accrue on February 5, 2007 for employees working for an employer on or before that date. For employees hired by an employer after February 5, 2007, paid sick leave begins to accrue 90 calendar days after the commencement of employment.

Under this law, for every 30 hours worked, an employee shall accrue one hour of paid sick leave. Employees of employers for which fewer than 10 persons (including full-time, part-time, and temporary employees) work for compensation during a given week may not have more than 40 hours of accrued paid sick leave saved at any time. Employees of other employers may not have more than 72 hours of accrued paid sick leave saved at any time. An employee’s accrued paid sick leave carries over from year to year. Employees are entitled to paid sick leave for their own medical care and also to aid or care for a family member or designated person.

Under this San Francisco ordinance, employees who assert their rights to receive paid sick leave are protected from retaliation. The City of San Francisco can investigate possible violations of this ordinance, shall have access to employer records, and can enforce the paid sick leave requirements by ordering reinstatement of employees, payment of paid sick leave unlawfully withheld, and penalties.

If you have questions or require additional information, please contact your employer or the office of San Francisco Department of Labor Standards enforcement at (415) 554-6271.

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