Wednesday, Jul 1, 2015

With the start of July, the Healthy Workplaces, Healthy Families Act of 2014 (California AB 1522) is now in effect. In addition to updating policies, dentists must also distribute a new/updated employee notice by July 8. While this new law mandates that all employers must offer at least three paid sick days per year, San Francisco's existing Paid Sick Leave Ordinance (PSLO) supersedes most, though not all, of the requirements of AB 1522.

There are provisions of the San Francisco Paid Sick Leave Ordinance that supersede AB 1522, and are more stringent. A list of sections from AB 1522 that must be met in addition to the existing SF PSLO ordinance can be found at the SF Office of Labor Standards Enforcement (OLSE) website.


New State Law Requirements

(provisions that are not addressed by the San Francisco Ordinance or are more stringent than local requirements)

Pre-existing San Francisco Law

(provisions that no longer apply)
Employees accrue paid sick leave beginning at the commencement of employment or July 1, 2015, whichever is later. Employees may use accrued sick leave after the 90th day of employment. Under the San Francisco Ordinance, paid sick leave accrues beginning 90 days after the commencement of employment.
Employers must provide employees with written notice of the amount of paid sick leave (or paid time off provided in lieu of sick leave) available for use. This information can be on the employee's wage statement or in a separate notice provided on the designated pay date. The San Francisco Paid Sick Leave Ordinance is silent on this issue.
If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days must be reinstated. The San Francisco Ordinance does not require employers to reinstate previously accrued paid sick leave when a former employee is rehired.
Employers with fewer than 10 employees may not cap sick leave accrual below 48 hours or 6 days of sick leave. San Francisco’s law permits employers with fewer than 10 employees to cap accrual at 40 hours. (Note: For businesses with 10 or more employees, San Francisco continues to require that employees be allowed to accrue up to 72 hours of sick leave.)