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LEGISLATIVE UPDATE Employers in San Francisco Must Offer Paid Sick Days to Employees If your company employs workers in the City and County of San Francisco, then you need to know about Proposition F, which was approved by San Francisco voters on November 7, 2006. That proposition, which goes into effect on February 5, 2007, requires employers to provide paid sick time benefits to all employees who work within the City and County. This ordinance expands California’s kin care rights. Covered employees must be allowed to use paid sick days to care for parents, children, siblings, grandparents, grandchildren, spouses, domestic partners, and others who are in similar relationships as a result of adoption, foster care, step-situations, or legal guardianships. A covered employer is a person or entity who directly or indirectly employs at least one person (or exercises control over the wages, hours or working conditions of at least one person) within the City of San Francisco or San Francisco County. An employer must provide one hour of paid sick leave to an employee for every 30 hours of work. This sick leave accrues in one-hour increments. An employer need not prorate or provide for partial accrual for any time worked less than 30 hours. Small businesses (less than ten employees) must provide paid leave up to a maximum of 40 hours. For all other employers, the maximum amount of sick leave is 72 hours. Upon termination of employment, an employer need not pay accrued, unused sick leave. Employees are allowed to use all of their accrued paid sick leave for kin care. A somewhat unusual feature of the ordinance is the right of an employee who has no spouse or domestic partner to identify a “designated person” as someone for whom the employee may use paid sick leave for providing aid or care to that person when he or she is ill or injured. The designated person does not have to have a biological relationship with the employee. Such a designation must occur within ten work days after the employee has accrued his or her first hour of paid sick time. For more information about this ordinance, or its implementation in your workplace, please feel free to contact any Klinedinst employment law attorney.
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