On November 7, 2006, San Francisco voters approved Proposition F, the Paid Sick Leave Ordinance. Beginning February 5, 2007, the San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”). The impact of this majority vote from San Francisco voters may be onerous for some employers.
An employer that employs one or more individuals within the geographic area of the city or county of San Francisco must comply with Chapter 12W.
“Employee” under Chapter 12W includes any person who is employed within the geographic boundaries of the city or County of San Francisco, and encompasses part-time and temporary employees. Excepted from coverage are employees who are covered by a bona fide collective bargaining agreement which expressly waives the requirements of Chapter 12W. There is no limit on the number of hours employees must work in a week or a day in order to be eligible under Chapter 12W, but new employees may be required by the employer to work at least 90 days before beginning to accrue paid sick leave.
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