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Advisories & Insights

Transition period for implementation of San Francisco paid sick leave ordinance

March, 2007

San Francisco recently established a 120-day transition period for implementation of the city's Paid Sick Leave Ordinance. The underlying rights and obligations established by the Ordinance continue to be in effect, including the obligation to post notice of the Ordinance at the work site. If you do not already have a poster, you may obtain one on-line at: http://www.sfgov.org/site/uploadedfiles/olse/Paid_Sick_Leave_Poster.pdf.

During the transition period, employers may choose not to pay for sick leave used by employees between February 5, 2007 and June 5, 2007, and are not liable for penalties for a failure to pay for sick leave during this period. However, as of June 6, 2007, employers must have established a system for tracking accrual and use of paid sick leave by their employees. Paid sick leave is accrued at a rate of 1 hour of paid sick leave for every 30 hours worked in San Francisco by an employee.

Most importantly, sick leave will accrue during the transition period. Employers must credit and make available for use on June 6, 2007 paid sick leave accrued by their employees during the transition period, February 5, 2007 through June 5, 2007.

For general information regarding the Ordinance, who it applies to and your obligations as an employer, please refer to our earlier e-alert at http://www.bullivant.com/showarticle.asp?Show=4462. Additionally, the San Francisco Office of Labor Standards Enforcement has posted frequently asked questions which may be of assistance at http://www.sfgov.org/site/olse_index.asp?id=54150.

Please contact your Bullivant employment attorney with questions regarding the Ordinance.