Sunday, October 5, 2014

Sick Leave Laws in California & San Francisco


Under California law, employers with 50 or more employees, both state and federal law requires workers be given the right to unpaid sick leave, which includes leave because of a serious health condition of the employee or to care for an ill child, parent, spouse, domestic partner or the child of a domestic partner.
These laws are the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Under CFRA and FMLA, eligible employees can take up to 12 weeks of leave in a 12 month period, and while it does not have to legally be paid leave, employers are required to keep the employee’s job open for him or her.
The rules are a little different for employees in San Francisco (under the city's Paid Sick Leave Ordinance). For employers in San Francisco, the City does require them to provide sick pay at a rate of one hour of sick time for every 30 hours worked. For businesses in San Francisco that have 10 or more employees, the sick pay is capped at 72 hours, and it is capped at 40 hours for smaller businesses.

BTW, there are changes ahead thanks to AB 1522 that will bring most Californians closer to the paid sick days that San Franciscans are afforded.

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