Prop F Approved: Mandatory Sick Leave for All Workers in San Francisco

October 12, 2006 by Beeson Tayer & Bodine

Here is a brief summary of Prop F, passed by voters in the November election. Benefit: 1 hour of paid sick leave for each 30 hours “worked” after an employee’s first 90 days on the job. Effective date: Feb. 5, 2007. Applies to: any employee employed within the geographic boundaries of the City, including part-time and temporary employees. Sick leave accrual capped at 72 hours; except employees of small business employers (10 or fewer employees) are capped at 40 hours. Employees can use all of their sick leave to care for sick family members (in contrast with current state law which provides that employees can apply only half of their leave to care for a family member). Also provides that an employee who has no spouse or domestic partner employee can designate in advance one person to whom such care leave shall be permitted. Makes it unlawful for an absence control policy to count paid sick leave under this provision against an employee for discipline or other adverse action. May be waived in collective bargaining agreement, but only by “clear and unambiguous” waiver expressly set forth in contract. Enforcement through San Francisco Office of Labor Standards Enforcement or private civil action.

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