The City of San Francisco generally requires employers to provide employees with paid sick leave based on hours worked in San Francisco. The City also provides its employees with paid sick leave. The City did not have a law addressing paid public health emergency leave. That will change on October 1, 2022.
On March 1, 2022, the Board of Supervisors voted 11 to 0 to place Proposition G on the ballot. And the Proposition has now been approved by 64.44% of City voters.
Starting on October 1, 2022, Proposition G would generally require private employers and the City to provide paid leave to employees for public health emergencies.
This requirement would apply to private employers with more than 100 employees worldwide and would cover only their employees working in San Francisco. The amount of leave provided each year would be equal to the number of hours that each employee regularly works over a two-week period, up to a maximum of 80 hours. This leave can be used only during a public health emergency. A public health emergency includes:
– – a local or state health emergency relating to any infectious disease, as declared by a local or state health official; or
– – when a Spare the Air Alert is in effect.
Employees may use public health emergency leave in several circumstances, including when:
– – the employee or their family member is unable to work due to the recommendations or requirements of a health order addressing the emergency;
– – the employee or their family member experiences symptoms of the disease causing the emergency or tests positive for the disease; or
– – the employee primarily works outdoors and has heart or lung disease, has respiratory problems, is pregnant, or is at least 60 years old when a Spare the Air Alert is in effect.
An employee may choose to use public health emergency leave or paid sick leave in circumstances where both could apply. Any unused public health emergency leave does not carry over to the next year.
James Whitlach is a former real estate agent who was affiliated with defendant Premier Valley, Inc., doing business as Century 21 MM,, a real estate brokerage firm