On March 24, 2020, the City and County of San Francisco, via the Office of Labor Standards Enforcement (OLSE), published guidance regarding the use of San Francisco paid sick leave during the current COVID-19 pandemic. As background, the SF paid sick leave ordinance requires employers to provide paid sick leave to all employees (including temporary and part-time employees) who perform work in San Francisco.
With respect to employer verification of paid sick leave, the new guidance states that employers may not require a doctor’s note or other documentation for the use of paid sick leave during the duration of the COVID-19 pandemic. This is a temporary change from the normal rule that allows employers to require a doctor’s note or other documentation for the use of paid sick leave of more than three consecutive work days.
With respect to eligibility for paid sick leave, workers who have been laid off by their employer are no longer eligible for paid sick leave. In addition, employees whose hours are reduced or eliminated are not entitled to use accrued paid sick leave to account for such reductions/eliminations; but employees who remain scheduled to work may continue to use accrued paid sick leave for any qualifying reason for any portion of their scheduled hours they are unable to work.
With respect to eligibility, employers must allow covered employees to use accrued sick leave if the employee takes time off work because:
- Public health officials or health care providers require or recommend an employee self-isolate or quarantine to prevent the spread of COVID-19
- The employee falls within the definition of “vulnerable population” under state or official guidance (which, as of March 6, 2020, includes a person who is 60 years old or older or a person with a health condition such as heart or lung disease, diabetes, kidney disease, or weakened immune system)
- The employee’s business or a work location temporarily ceases operation in response to a public health or other public official’s recommendation
- The employee needs to provide care for a family member who is not sick but who public health officials or health care providers have required or recommended isolate or quarantine
- The employee needs to provide care for a family member whose school, childcare provider, senior care provider or work temporarily ceases operations in response to a public health or public official’s recommendation
Employers with employees in San Francisco will want to review the guidance and work with counsel to develop appropriate leave policies that reflect the changes in paid sick leave requirements outlined by the new guidance.
OLSE Guidance »
SF Paid Sick Leave Ordinance Info »