Mayor Of San Francisco Signs Amended Public Health Emergency Leave Ordinance

Jackson Lewis P.C.

Late April 17th, Mayor Breed signed the supplemental paid sick leave ordinance that earlier in the week, the Board of Supervisors had amended and passed. This was the same day that Mayor Breed announced an order requiring all individuals in public to wear face coverings.

The ordinance, like those passed by the cities of Los Angeles and San Jose, covers employers with 500 or more employees that are not otherwise subject to the federal Families First Coronavirus Response Act (FFCRA).

The enacted ordinance applies to all full-time or part-time employees working within the City, though a prior version of the ordinance required employees to have worked 56 hours or more. Full-time employees are provided 80 hours of emergency leave, while part-time employees receive less, based upon an average of hours worked over a two-week period.

An employee will be eligible for leave if:

  1. The employee is subject to an individual or general federal, state, or local quarantine or isolation order related to COVID-19;
  2. The employee is advised by a healthcare provider to self-quarantine;
  3. The employee is experiencing symptoms associated with COVID-19 and seeking medical diagnosis;
  4. The employee is caring for a family member subject to a quarantine or isolation order;
  5. The employee is caring for a family member because the family member’s school or place of care has been closed to the public health emergency caused by COVID-19.
  6. The employee is within a “vulnerable” population as defined by the Ordinance.

The Office of Labor Standards Enforcement (OLSE) has already released the approved notice for employers to provide to employees to notify them of their rights under the ordinance. Employers must provide this notice as soon as possible in order to comply with the requirements of the ordinance.

The OLSE has also published guidance to assist with complying with the new ordinance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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