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A. Every Employee who, on or after July 1, 2016, works in the City for the same Employer for 30 days or more within a year from the commencement of employment is entitled to paid sick leave.
B. Paid sick leave shall accrue on the first day of employment or July 1, 2016, whichever is later.
C. An Employee may use paid sick leave beginning on the 90th day of employment or July 1, 2016, whichever is later.
D. Employers must provide sick leave either: 1) by providing the entire 48 hours to an Employee at the beginning of each year of employment, calendar year, or 12-month period; or 2) by providing the Employee one hour of sick leave per every 30 hours worked.
E. Employees will be entitled to take up to 48 hours of sick leave in each year of employment, calendar year, or 12-month period. Accrued unused paid sick leave shall carry over to the following year of employment and may be capped at 72 hours. An Employer may set a higher cap or no cap at all.
F. If an Employer has a paid leave or paid time off policy or provides payment for compensated time off, that is equal to or no less than 48 hours, no additional time is required.
G. An Employer shall provide paid sick leave upon the oral or written request of an Employee for themselves or a family member, as defined by California Labor Code Sections 246.5(a) and 245.5(c), or for any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
An Employer may require an Employee to provide reasonable documentation of an absence from work for which paid sick leave is or will be used.
H. An Employer is not required to provide compensation to an Employee for accrued or unused sick days upon termination, resignation, retirement, or other separation from employment.
I. 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 time shall be reinstated.
No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for requesting to use paid sick leave or actually using paid sick leave, for participating in proceedings related to this article, for seeking to enforce the Employee’s rights under this article by any lawful means, or for otherwise asserting rights under this article.
The DAA may promulgate guidelines and rules consistent with this article for the implementation of the provisions of this article. Any guidelines or rules shall have the force and effect of law, and may be relied upon by Employers, Employees and other parties to determine their rights and responsibilities under this article. The DAA may allow an Employer’s established paid leave or paid time off policy or one which provides payment for compensated time off to remain in place and comply with this article even though it does not meet all the requirements in Section 187.04, if the DAA determines that the Employer’s established policy is overall more generous.
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