The State of California Labor Family Medical Leave San Francisco

OLSE Guidance - PSLO & Coronavirus  - Updated Feb, 22,2022

The following guidance supersedes OLSE's March 24, 2020 guidance

Feb, 22, 2022

The San Francisco Office of Labor Standards Enforcement (OLSE) has issued the following guidance regarding the use of San Francisco paid ill leave during the current local health emergency:

Employer Verification of Paid Sick Go out

OLSE Paid Sick Exit Ordinance (PSLO) Rule two.3 states:

Policies or practices that crave a physician's annotation or other documentation for the use of paid ill leave of three or fewer sequent piece of work days shall exist deemed unreasonable. Policies or practices that crave a doctor'south notation or other documentation for the use of paid sick get out of more than 3 consecutive piece of work days (whether full or partial days) shall exist deemed reasonable.

Effective immediately, OLSE Dominion ii.iii is temporarily amended as follows:

Policies or practices that require a doctor's note or other documentation for the employ of paid sick go out of five or fewer consecutive work days shall be deemed unreasonable. Policies or practices that crave a doctor'south note or other documentation for the use of paid ill exit of more than than five consecutive work days (whether full or partial days) shall be accounted presumptively reasonable, provided that if an employee is using paid sick exit for a COVID-xix related reason and is not under a physician's care, the employer shall take the employee'due south attestation of the need for paid sick leave pursuant to current CDC guidelines and Dominion 2.4.

This Rule amendment is temporary, effective only for the duration of the above-referenced Local Health Emergency.  Rule two.3 will revert automatically to the version in consequence prior to this guidance upon expiration of the Local Wellness Emergency, unless OLSE revokes information technology sooner.

Eligibility for Paid Ill Leave

• San Francisco paid sick get out is available to employees.  Workers that accept been laid off by their employer are no longer eligible for paid ill leave.
  
• Employees who have their hours reduced or eliminated are non entitled to employ accrued paid sick get out to account for such reductions or eliminations.  Employees who remain scheduled to work may continue to use their accrued paid ill go out for any qualifying reason for any portion of their scheduled hours they are unable to work.

Employees who have their hours and/or pay reduced or eliminated may be eligible for unemployment benefits from the State of California. (Meet https://covid19.ca.gov/employment for more than information).

Employee Employ of Paid Sick Leave

Employers covered by the Paid Sick Leave Ordinance must let covered employees to employ accrued sick leave in the post-obit situations:

• The employee takes time off work because public health officials or healthcare providers crave or recommend an employee isolate or quarantine to prevent the spread of disease;
• The employee takes time off work for a COVID-xix vaccination appointment or vaccination side effects;
• The employee takes time off work because the employee's concern or a work location temporarily ceases operations in response to a public wellness or other public official's recommendation – subject to the "Eligibility for Paid Sick Leave" guidelines above;
• The employee takes time off work considering the employee needs to provide care for a family unit member to attend a COVID-xix vaccination engagement, who is experiencing vaccination side effects, or who is not ill simply who public health officials or healthcare providers have required or recommended isolate or quarantine;
• The employee takes time off work because the employee needs to provide care for a family member whose school, kid intendance provider, senior care provider, or work temporarily ceases operations in response to a public health or other public official's recommendation.

Employee Separations

The Paid Sick Exit Ordinance is a requirement that San Francisco employers must provide to their employees.  Employees are covered by the law unless there has been a separation of employment (e.one thousand., termination, layoff, resignation, or retirement).

• Employers are non required to pay employees for accrued unused paid ill go out upon the employee's separation from employment.  However, if an employer is using a Paid Time Off or vacation policy to comply with the Ordinance, California constabulary requires the payout of PTO or vacation upon separation of an employee.  (FAQ 34 in OLSE'due south Oftentimes Asked Questions).
  
• If at that place is a separation from employment, and an employee is later on rehired by the employer within one year, previously accrued and unused paid sick leave must exist reinstated, and the employee is entitled to use the previously accrued and unused paid sick leave and to accumulate additional paid ill leave upon rehiring. (Administrative Code Section 12W.3(g))

General Groundwork

The San Francisco Paid Sick Leave Ordinance requires employers to provide paid sick exit to all employees (including temporary and part-time employees) who perform work in San Francisco.  Employees may employ paid sick leave when they or a family member are ill, injured, or for the purpose of receiving medical care (including preventive care), treatment, diagnosis, or other medical reason.

Further guidance on the use of paid ill leave is available at world wide web.sfgov.org/olse/pslo , or call OLSE's multilingual paid sick leave hotline at (415) 554-6271.

California Labor Commissioner guidance on State paid ill leave and the Coronavirus is bachelor at https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm.  California Employment Evolution Department guidance on Disability Insurance, Paid Family Go out, and Unemployment Insurance and the Coronavirus is available at https://edd.ca.gov/about_edd/coronavirus-2019.htm.

Back to San Francisco Paid Sick Leave Ordinance

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Source: https://sfgov.org/olse/san-francisco-paid-sick-leave-coronavirus

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