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This fact sheet provides answers to questions about San Francisco's paid sick leave ordinance for household employers in San Francisco.
- Does it apply to my household employee? Yes. The ordinance applies to anyone who performs work - including part-time or temporary work - in San Francisco. Thus, the ordinance applies to nannies, housekeepers, personal assistants and all household employees.
- When does it start? Sick leave begins to accrue 90 days after the employee's first day of work.
- How often does sick leave accrue? An employee accrues one hour of paid sick leave for every 30 hours worked. Employees only accrue sick leave in one hour increments.
- Is there a cap? Yes, for most household employers (those with fewer than 10 employees), paid sick leave is capped at 40 hours. Once your employee accrues 40 hours of sick leave, she cannot accrue any more until she uses some of her sick leave.
- Does the sick leave expire? No. The sick leave does not expire. It carries over from year to year for as long as the person is employed.
- What can the employee use the leave for? The employee can use sick leave when she is injured or ill, or to receive medical care, or to care for an ill family member or other designated person. However you can require that the employee provide you with reasonable notice of her sick leave and you can take reasonable measures to verify the lawful purpose of her leave.
- Do I have to pay the employee for unused sick leave if the employee quits or I fire her? No. Unlike accrued but unused vacation time, you do not have to pay out accrued but unused sick leave at the termination of employment.
- What other requirements apply? You must keep time records for four years and post a notice about the sick leave ordinance in an easily readable location (like on your refrigerator door!).
This fact sheet is just a summary of your obligations under the ordinance. If you have specific questions or want more information, we suggest that you contact Bob King, Esq. of Legally NannyŽ. Bob is a California attorney who specializes in household employment law and can be reached at (714) 336-8864 or info@legallynanny.com.
If you're seeking professional staff or employment, we invite you to contact In-house Staffing.
Aunt Ann's In-House Staffing
2722 Gough Street
San Francisco, CA 94123
Phone: (415) 749-3650
Fax: (415) 749-2081
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