Effective February 5, 2007, Chapter 12W of the San Francisco Administrative Code will mandate paid sick leave for employees who work in San Francisco. (This new ordinance — attached hereto — is the result of Proposition F, which was approved by San Francisco voters on November 7, 2006.) The new Paid Sick Leave law is fairly complex and raises numerous unanswered questions. (Attached is an article from the San Francisco Chronicle describing some of the logistical complications of the ordinance, particularly for small business owners.) Some of its more notable and pressing issues include:

Beginning February 5, 2007, San Francisco employers must post in a conspicuous place in any work site a notice informing employees of their rights under the ordinance. A copy of the Official 2007 Poster – Paid Sick Leave is attached to this email.

As of the effective date, current employees will accrue one hour of paid sick leave for every 30 hours worked within the geographic boundaries of the City and County of San Francisco. An employee may accrue paid sick leave up to a cap of 72 hours (40 hours if you employ fewer than 10 employees), at which point accrual stops until the employee actually uses some sick leave. For new employees, who begin work after February 5, 2007, accrual of paid sick leave begins 90 days after their employment commences.

Paid sick leave is allowed for an employee’s illness or injury, or for receiving medical care, treatment, or diagnosis, including medical appointments. Employees also must be allowed to use paid sick leave to provide the same care for a child, grandchild, parent, grandparent, sibling, spouse, registered domestic partner or child of a domestic partner. In addition, employees without a spouse or registered domestic partner may designate any one person to use paid sick leave to care for that person.

The new ordinance contains recordkeeping requirements. The application of these requirements to exempt employees appears to be problematic.

Paid Sick Leave Code

Paid Sick Leave Poster

SF Businesses Scramble of Sick Leave Law

Keesal, Young & Logan Employment Law Group