Voters in San Francisco have approved a ballot initiative (Proposition G) that will require certain employers to provide paid leave to employees for public health emergencies. The requirement takes effect Oct. 1, 2022.
The Details:
Coverage:
The requirement applies to:
• Employers with 100 or more employees (worldwide)
• Employees working in San Francisco
.
Amount of Leave:
On October 1, 2022, covered employers must generally allocate an annual amount of leave equal to the number of hours over a one-week period that the employee regularly works, up to a maximum of 40 hours. Beginning in 2023, the amount of leave provided each year on January 1 must generally be equal to the number of hours that each employee regularly works over a two-week period, up to a maximum of 80 hours.
Note: There are different rules for employees whose work hours vary from week to week. See the text of the ballot initiative for details.
Use:
Employees may use public health emergency leave in the following circumstances if they are unable to work:
• To comply with the recommendations or requirements of an individual or general federal, state, or local health order (including an order issued by the local jurisdiction in which an employee resides) that is related to the public health emergency.
• The employee has been advised by a healthcare provider to isolate or quarantine.
• The employee is experiencing symptoms and seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the public health emergency.
• The employee is caring for a family member who falls into one or more of the categories above.
• The employee is caring for a family member whose school or place of care has been closed, or the care provider is unavailable, due to the public health emergency.
• An Air Quality Emergency, if the employee is a member of a vulnerable population and primarily works outdoors. The law defines vulnerable population as a person who has been diagnosed with heart or lung disease; has respiratory problems including but not limited to asthma, emphysema and chronic obstructive pulmonary disease; is pregnant; or is age 60 or older.
An employee may choose to use public health emergency leave or paid sick leave in circumstances where both could apply. Any unused public health emergency leave doesn’t carry over to the next year.
Under the law, a family member means any person for whom an employee may use paid sick leave to provide care under the city’s paid sick leave law.
A public health emergency is defined as a local or statewide health emergency related to any contagious, infectious or communicable disease, declared by the city’s local health officer or the state health officer pursuant to the California Health and Safety Code, or an Air Quality Emergency.
Note: There are special rules on using the leave for healthcare workers and first responders. See the text of the ballot initiative for details.
Employee Notice:
If the leave is foreseeable, employers may require employees to follow reasonable notice procedures.
Employer Notice:
Employers must post a notice in a conspicuous place at any workplace or job site where covered employees work. Where feasible, employers must also provide it to employees via electronic communication, which may include email, text and/or posting in a conspicuous place in an employer’s web-based or app-based platform.
The required notice will be prepared by the city and be available in multiple languages. Employers must post/provide the notice in each language the city makes the notice available.
Wage Statements:
If employers are required to provide similar information on wage statements under the state’s paid sick leave requirement, they must set forth the amount of public health emergency leave that is available to the employee on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages.
Recordkeeping:
Covered employers must retain records documenting hours worked by employees and public health emergency leave taken by employees, for a period of four years.
Next Steps:
If you are a covered employer:
• Read the law in full and ensure compliance by October 1, 2022.
• Watch the Office of Labor Standards Enforcement’s website for the required notice.
• Please contact your Payroll Advisor or Human Resource Business Partner to request that your wage statements include the amount of San Francisco Public Health Emergency Leave that is available to employees.