California Labor & Employment Law Blog

On January 31, 2007, the Office of Labor Standards Enforcement (OLSE) posted a list of frequently asked questions about San Francisco’s Paid Sick Leave Ordinance which takes effect on Monday, February 5, 2007.

The OLSE’s frequently asked questions information attempts to provide guidance to the many questions employers have about the ordinance, but still does not resolve the uncertainty about many other issues. Nevertheless, the FAQ’s illustrate the increased burden employers face in attempting to comply with the law and should be read by any employer conducting business in San Francisco.

Here are some excepts from the OLSE’s web-site:

Q: If an employer is based outside of San Francisco but has employees who perform work in the city, do the employees accrue paid sick leave for hours worked in San Francisco?
A: Yes. All employees who perform work in San Francisco, including on a part-time or temporary basis, accrue paid sick leave for those hours worked in the city, regardless of where their employer is located.

Q: Do employees accrue paid sick leave for hours worked outside of the city?
A: No. Under the Ordinance, employees accrue paid sick leave only for those hours worked within San Francisco.

Q: Does the Ordinance cover undocumented employees?
A: Yes. All employees who work in San Francisco – whether or not they are legally authorized to work in the United States – are covered by the law. OLSE will process an employee’s claim without regard to his or her immigration status. Employees filing a claim with OLSE will not be questioned about their immigration status.

Q: Can an employer require employees to use paid sick leave while on family medical leave under state or federal law?
A: This question involves the interpretation of the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). OLSE has no jurisdiction over enforcement of either the FMLA or the CFRA. OLSE recommends that employers and employees consult with the Federal Department of Labor (www.dol.gov) regarding FMLA issues and with the California Department of Fair Employment and Housing regarding CFRA issues (www.dfeh.ca.gov). In addition, employers and employees may wish to review administrative regulations implementing the FMLA (29 Code of Federal Regulations, Section 825.207) and CFRA (California Administrative Code, Title 2, Section 7297.5)

The OLSE’s answers to the frequently asked questions can be viewed here in their entirety.