San Francisco, CA: New Guidance on San Francisco Paid Sick Leave for COVID-19

Applies to:           All Employers with San Francisco, CA Employees

Effective:             February 22, 2022

San Francisco recently provided updated guidance on its Paid Sick Leave Ordinance (PSL). The PSL applies to any employer that has employees who perform work in San Francisco, including part-time and temporary employees. The guidance clarified that PSL is only available to current employees, not individuals who were laid off.

Employees can use time under the PSL for the following reasons:

• Public health officials or healthcare providers require or recommend an employee isolate or quarantine to prevent the spread of disease.
• Attending a COVID-19 vaccination appointment or recovering from vaccination side effects.
• An employee’s business or work location temporarily ceases operations because of a public health or other public official’s recommendation.
• Providing care for a family member who is attending a COVID-19 vaccination appointment, experiencing side effects from a vaccination, or is under quarantine because of a public health official or healthcare provider’s recommendation.
• Providing care for a family member whose school, childcare provider, senior care provider, or work temporarily ceases operation in response to a public health or other public official’s recommendation.

The guidance also extended the amount of time an employee may be out on PSL before an employer can request documentation that substantiates the need for time off. Previously, employers had to wait until the employee missed three or more consecutive days of work. The guidance now requires that employers wait until the employee has missed at least five consecutive days and is not under a doctor’s care. The five consecutive days can be full or partial workdays.

Action Items

1. Have applicable paid sick leave policies updated for compliance.
2. Have appropriate personnel trained on leave requirements.
3. Subscribers can call our HR Hotline at (833) 268-5531 for further assistance.