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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Our San Fransisco location had an employee call in to say they

Resolved Question:

Our San Fransisco location had an employee call in to say they needed to stay home to care for a sick child. Now they're claiming they should be paid under family leave. It is my understanding that employers are required to grant family leave under both the Federal plan and the California version, but that this leave is unpaid. Is there another version specific to San Francisco that requires employers to pay employees when they take family leave?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

The San Francisco Sick Leave Ordinance (San Francisco Admin.C. Ch. 12W) requires all employers to grant to all persons (including temporary and part-time employees) employed within the “geographic boundaries of the City” a minimum of one hour of paid sick leave for every 30 hours worked. San Francisco Admin.C. §§ 12W.2(c),(d), 12W.3(b), 12W.10.

See this link for more info.

Hope this helps.

Customer: replied 1 year ago.

Is there a cap on this? What I mean is, do we track this forever, with the employee building up a "bank" of hours that just grows and grows or does it stop and start over? Say the beginning of a new year or how does this work?


If this is never ending, then we'd have to go back and determine the number of hours worked since they started and set-up a separate account just to track the 1 hour due, every time they'd worked 30 hours - correct?

Expert:  socrateaser replied 1 year ago.

Is there a cap on this?

A: For employees of Small Businesses (ones for which fewer than 10 persons, including part-time and temporary employees, work for compensation during a given week), there is a cap of 40 hours of accrued paid sick leave. For employees of other employers, there is a cap of 72 hours of accrued paid sick leave.

The sick leave benefits do not expire -- however an employee could not legally complain or sue over being deprived benefits beyond the three year statute of limitations from the date that the employee first attempts to use and is denied the accrued sick leave benefit. Cal. Code Civ. Proc. 338(a).

Re how you would account for this in your payroll records, that's a question for your bookkeeper/controller/CPA, etc.

Hope this helps.

socrateaser, Lawyer
Satisfied Customers: 34830
Experience: Retired (mostly)
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