The San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”).
Chapter 12W limits an employer’s discretion to regulate use of sick leave. Employers may not require, as a condition of an employee's taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave. Employers may require employees to give reasonable notice of the need to use paid sick leave. Employers may only take “reasonable measures” to verify that an employee's use of paid sick leave is lawful.
The San Francisco Office of Labor Standards Enforcement will publish a notice on Chapter 12W, which a company must post. Failure to meet the posting requirement could result in a $50 penalty per employee per day.
A company must retain records documenting hours worked by all employees and paid sick leave taken by employees, for a period of 4 years. Employers will be required to track hours worked by exempt and non-exempt employees located in San Francisco. If there is a dispute as to an employee’s paid sick leave entitlement, and an employer has failed to maintain or retain adequate records (or does not allow agency review of records), it will be presumed that the employer violated Chapter 12W.
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