San Fransico "paid sick leave"
gahr
7 Posts
The question that we are struggling with is related to the accounting, accrual, ussage of the new legislation passed in SanFran.We are a Georgia based employer with sales and service individuals that have territory responsibilities that encompass the San Fransisco area. Does the legislation cover individuals that "travel" into the city limits and visit customers? What if our policy entitles/allots 80 hours of Sick leave annually, does this comply with the regulations? Does this legislation mimic the vacation tracking that must take place in CA, other than this sick leave is not compensatory @ ;separation? HELP!
Thank you in advance, GA-HR
Comments
The City has created a handy list of FAQs, which should help answer your questions.
For example, look at questions 2 and 20 (http://www.sfgov.org/site/olse_index.asp?id=54150):
2. Q:
If an employer is based outside of San Francisco but has employees who
perform work in the city, do the employees accrue paid sick leave for
hours worked in San Francisco?
A: Yes.
All employees who perform work in San Francisco, including on a
part-time or temporary basis, accrue paid sick leave for those hours
worked in the city, regardless of where their employer is located.
20. Q:
If a large employer offers its employees 72 hours of paid sick leave
per year, is this policy sufficient to meet the requirements of the
Ordinance?
A: Not necessarily. It depends on the facts of the situation.
While the law caps at 72 hours the amount of paid sick leave an
employee of a large employer may accrue, accrued paid sick leave hours
do not expire at the end of the year – and there is no cap on the
number of hours of paid sick leave that an employee may use in a given
year.
As an example, David accrues 72 hours of paid sick leave in year 1. In January of year 2, he falls ill and uses all of those hours at that time. David comes back to work and over the next nine months accrues 48 new hours of paid sick leave. Then, in November, he falls ill again and uses those 48 hours of paid sick leave. In total, under this scenario, David has used 120 hours of paid sick leave in year 2.
Under this scenario, a policy that only permits employees to use 72
hours of paid sick leave per year would be insufficient to meet the
requirements of the law.