California State and City Paid Sick Leave Laws
Updated September 2016
California
Paid Sick Leave1
1. Interaction of
Laws
2. Summary
Accrual Cap:
48 hours or 6 days
per year.
Accrual Methods:
(1) One hour for
every 30 worked;
(2) Lump sum of 24
hours or 3 days;
(3) accrual with at
least 24 hours by
the 120th day; or
(4) For new hires,
accrual with no less
than 24 hours by
120th day of
employment.
4. Covered
Employers
Oakland
Paid Sick Leave3
Emeryville
Paid Sick Leave4
City of Los Angeles
Paid Sick Leave5
City of San Diego
Paid Sick Leave6
Santa Monica
Paid Sick Leave7
Employers subject to state and local paid sick leave laws must follow the stricter standard or the
law that is most beneficial to the employee when there are conflicting requirements in the laws.
Annual Use Cap:
24 hours or 3 days
3. Effective Date
San Francisco
Paid Sick Leave2
July 1, 2015
All employers
regardless of size.
Accrual Cap:
40 or 72 hours
Accrual Cap:
40 or 72 hours
Accrual Cap:
48 or 72 hours
Accrual Cap:
72 hours
Accrual Cap:
80 hours
Annual Use Cap:
Not allowed.
Annual Use Cap:
Not allowed.
Annual Use Cap:
Not allowed.
Annual Use Cap:
48 hours
Annual Use Cap:
40 hours
Accrual Methods:
(1) One hour for
every 30 worked; or
(2) Starting
1/1/2017, any lump
sum with accrual at
one hour for every
30 worked after
lump sum has been
earned.
Accrual Methods:
One hour for every
30 worked.
Accrual Methods:
(1) One hour for
every 30 worked;
(2) Lump sum of
annual accrual cap;
or
(3) Any lump sum at
the start of the year,
with accrual at one
hour for every 30
worked after lump
sum has been
earned.
Accrual Methods:
(1) One hour for
every 30 worked; or
(2) Lump sum of 48
hours at the start of
each year.
Accrual Methods:
(1) One hour for
every 30 worked; or
(2) Lump sum of 40
hours at the start of
each year.
February 5, 2007
March 2, 2015
July 2, 2015
July 1, 20168
July 11, 2016
All employers
regardless of size.
All employers
regardless of size.
All employers
regardless of size.
All employers
regardless of size.
All employers
regardless of size.
Accrual Cap:
1/1/17: 32 or 40 hrs.
1/1/18: 40 or 72 hrs.
Annual Use Cap:
Same as annual
accrual cap.
Accrual Methods:
(1) One hour for
every 30 worked; or
(2) Lump sum of
annual accrual cap.
January 1, 2017
All employers
regardless of size.
Los Angeles and Long Beach Hotel Workers: This chart does not include two laws applicable to hotel workers only. In 2007, the City of Los Angeles adopted an ordinance
requiring hotels with 150+ rooms within the Airport Hospitality Enhancement Zone to provide employees at least 96 paid hours off per year for any purpose, and a proportional
amount of hours to part-time hotel workers. (L.A. Mun. Code § 186.02.) The L.A. ordinance is available here: http://www.foxrothschild.com/content/uploads/2015/05/Citywide-HotelWorker-Minimum-Wage-Ordinance.pdf. In 2012, Long Beach voters approved Measure N, which requires hotel employers to provide at least five days of PSL to certain employees.
(Long Beach Mun. Code § 5.48.020.) The Long Beach Ordinance is available here: http://www.foxrothschild.com/content/uploads/2015/05/Citywide-Hotel-Worker-Minimum-WageOrdinance.pdf.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Page 1 of 12
California
Paid Sick Leave
5. Covered
Employees
Any employee who
works at least 30 days
in California for the
employer.
San Francisco
Paid Sick Leave
Any person who is
employed in the City
by an employer,
including part-time
and temporary
employees.
Includes participants
in Welfare-to-Work
Programs when the
participant is engaged
in work activity that
would be considered
"employment" under
the federal Fair Labor
Standards Act, and
any applicable U.S.
Department of Labor
Guidelines.
6. Excluded
Employees
(1) Employees
covered by a
collective bargaining
agreement (CBA) that
provides paid sick
days or a paid time off
policy that permits the
use of sick days.
(1) Employees
covered by a CBA
containing an explicit
waiver of some or all
of the ordinance’s
benefits written in
clear and
unambiguous terms.
(2) In-home support
services workers.
(2) Those who work in
the City on an
occasional basis not
exceeding 55 hours in
a calendar year.
(3) Airline flight deck
and cabin crew.
(4) Certain public
sector workers.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
Any employee who:
Any employee who:
Any employee who:
(1) In a particular
week performs at least
2 hours of work in the
City for an employer;
and
(1) In a calendar week
performs at least 2
hours of work in the
City for an employer;
and
(1) In a particular
week performs at least
2 hours of work in the
City for an employer;
(2) Qualifies as an
employee entitled to
payment of a
minimum wage from
any employer under
California law.
(2) Qualifies as an
employee entitled to
payment of a
minimum wage from
any employer under
California law.
Includes learners as
defined by the
California Industrial
Welfare Commission.
Employees covered
by a CBA containing
an explicit waiver of
some or all of the
ordinance’s benefits
written in clear and
unambiguous terms.
Employees covered
by a CBA containing
an explicit waiver of
some or all of the
ordinance’s benefits
written in clear and
unambiguous terms.
City of Los Angeles
Paid Sick Leave
(2) Qualifies as an
employee entitled to
payment of a
minimum wage from
any employer under
California law; and
(3) Who, on or after
July 1,2016, works in
the City for the same
employer for 30 days
or more within a year
from the start of
employment.
None.
City of San Diego
Paid Sick Leave
All employees who:
(1) In one or more
calendar weeks of the
year performs at least
2 hours of work in the
City for an employer;
and
(2) Qualifies as an
employee entitled to
payment of a
minimum wage from
any employer under
California law, or is a
participant in a State
of California Welfareto-Work Program.
(1) Employees paid a
sub-minimum wage
under a specific
license.
(2) Employees of a
publicly subsidized
summer or short-term
youth employment
program.
(3) Student
employees, camp
counselors, and
program counselors of
an organized camp.
Santa Monica
Paid Sick Leave
Any employee who:
(1) In a particular
week performs at least
2 hours of work in the
City for an employer;
and
(2) Qualifies as an
employee entitled to
payment of a
minimum wage from
any employer under
California law.
(1) Employees
covered by a CBA
containing an explicit
waiver of some or all
of the ordinance’s
benefits written in
clear and
unambiguous terms.
(2) Employees of
government agencies.
Page 2 of 12
California
Paid Sick Leave
7. Permitted
Uses
San Francisco
Paid Sick Leave
(1) Medical need of
the employee or the
employee’s family
member; and
(1) Medical need of
the employee or the
employee’s family
member; and
(2) Purposes related
to domestic violence,
sexual assault or
stalking suffered by an
employee.
Effective 1/1/17:
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
Medical need of the
employee or the
employee’s family
member.
(1) Medical need of
the employee or the
employee’s family
member; and
City of Los Angeles
Paid Sick Leave
Santa Monica
Paid Sick Leave
Same as California
law.
In addition to the
permitted uses under
state law, PSL can be
used when the
employee’s place of
business, or his or her
child’s care provider or
school is closed due
to a public health
emergency.
Same as California
law.
(2) To provide care for
a guide dog, signal
dog or service dog of
the employee or family
member.
(2) Purposes related
to domestic violence,
sexual assault or
stalking suffered by an
employee; and
City of San Diego
Paid Sick Leave
(3) Bone marrow or
organ donation by the
employee or a family
member.
8. Covered
Family
Members
(1) Child
(2) Parent
(3) Spouse or
registered domestic
partner
(4) Grandparent
(5) Grandchild
(6) Sibling
(1) Child
(2) Parent
(3) Spouse,
registered domestic
partner, or
designated person
(4) Grandparent
(5) Grandchild
(6) Sibling
(1) Child
(2) Parent
(3) Spouse,
registered domestic
partner, or
designated person
(4) Grandparent
(5) Grandchild
(6) Sibling
Same as California
law, with the addition
of a designated
person if the
employee does not
have a spouse or
registered domestic
partner.
Same as California
law, with the addition
of individuals related
by blood or affinity
whose close
association with the
employee is the
equivalent of a family
relationship.
(1) Child
(2) Parent
(3) Spouse or
registered domestic
partner
(4) Grandparent
(5) Grandchild
(6) Sibling
Same as California
law.
9. First Day PSL
Can Be Used
On the 90th calendar
day of employment.
On the 90th calendar
day of employment.
On the 90th calendar
day of employment.
Same as California
law.
Employers with 26 or
more employees:
· On the 90th day of
employment or
7/1/2016,
whichever is later.
Employers with 25 or
fewer employees:
· On the 90th day of
work or 7/1/2017,
whichever is later.
Employers may limit
use of earned sick
leave until the
employee’s 91st day
of employment with
the employer.9
On the 90th calendar
day of employment.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Page 3 of 12
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
10. Use Caps
24 hours or 3 days
(whichever is more
for the particular
employee) per year.
Not permitted.
Not permitted.
Not permitted.
48 hours per year.
40 hours per year.
Employees can use
up to the applicable
accrual cap annually
(see row 13 below).
11. Use
Increments
Employers cannot
require that PSL be
used in increments
larger than 2 hours.
Employers cannot
require that PSL be
used in increments
larger than 1 hour.
Employers cannot
require that PSL be
used in increments
larger than 1 hour.
Employers cannot
require that PSL be
used in increments
larger than 2 hours.
Not addressed.
Employers cannot
require that PSL be
used in increments
larger than 2 hours.
Not addressed.
12. Start of
Accrual
First day of work or
7/1/2015, whichever
is later.
90 days after the
start of employment.
For employees hired
on or after 1/1/2017,
on the first day of
work.
Caution: As it applies
to employees hired
before 1/1/2017, the
ordinance is
inconsistent with
state law.
First day of work.
First day of work or
7/2/2015, whichever
is later.
Employers with 26 or
more employees:
· First day of work or
7/1/2016,
whichever is later.
Employers with 25 or
fewer employees:
· First day of work,
or 7/1/2017,
whichever is later.
First day of work or
7/11/2016, whichever
is later.
First day of work.
13. Accrual Caps
Employers may cap
the amount of PSL
an employee can
accrue in a year to
no less than 48
hours or 6 days
(whichever is
greater).
Employers may cap
the amount of PSL
an employee can
accrue at any given
time to no less than:
· 40 hours for
employers with
fewer than 10
employees in any
location, or
· 72 hours for
employers with 10
or more employees
in any location.
Employers may cap
the amount of PSL
an employee can
accrue at any given
time to no less than:
· 40 hours for
employers with
fewer than 10
employees in any
location, or
· 72 hours for
employers with 10
or more employees
in any location.
Employers with 55 or
fewer employees in
the City: 48 hours
Employers with more
than 55 employees in
the City: 72 hours
Accrued unused paid
sick leave may be
capped at 72 hours.
Effective September
2, 2016, employers
may cap an
employee’s total
accrual of PSL at no
less than 80 hours.
Employers with 25 or
fewer employees:
· 32 hours as of
1/1/2017
· 40 hours as of
1/1/2018
Employers with 26 or
more employees:
· 40 hours as of
1/1/2017
· 72 hours as of
1/1/2018
Caution: The 40-hour
accrual cap is lower
than what is allowed
under the state law.
Caution: The 40-hour
accrual cap is lower
than what is allowed
under the state law.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Caution: The City
allows lower accrual
caps than the 48
hours or 6 days
allowed under state
law.
Page 4 of 12
14. Accrual
Methods
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Option 1: Provide one
hour of PSL for every
30 hours worked.
Option 1: Provide one
hour of PSL for every
30 hours worked in
the City.
Option 2: Provide a
lump sum of 24 hours
or 3 days of PSL at
the start of each
employment year,
calendar year, or 12month period.
Option 3: Accrual on a
regular basis, with at
least 24 hours of PSL
provided by the 120th
calendar day of
employment, calendar
year, or 12-month
period.
Oakland
Paid Sick Leave
Provide one hour for
every 30 hours
worked in the City.
Option 2: Starting
1/1/2017, employers
can provide any lump
sum of PSL at the
beginning of each
employment year,
calendar year, or 12month period, so long
as the employee can
accrue additional PSL
after working enough
hours to have accrued
the amount allocated
upfront.
Accrued, unused PSL
carries over into the
next year but is limited
by the employer’s
accrual cap.
Accrued, unused PSL
carries over into the
next year but is limited
by the employer’s
accrual cap.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
Option 1: One hour for
every 30 hours
worked in the City;
Option 1: One hour for
every 30 hours
worked in the City.
Option 1: One hour for
every 30 hours
worked in the City.
Option 1: One hour for
every 30 hours
worked in the City.
Option 2: Provide full
amount of required
PSL at the start of
each employment
year, calendar year, or
12-month period: (a)
Employers with 55 or
fewer employees in
the City: 48 hours; (b)
Employers with more
than 55 employees in
the City: 72 hours.
Option 2: Provide a
lump sum of 48 PSL
hours at the start of
each employment
year, calendar year, or
12-month period. For
employers using this
option on a calendar
year basis, on
7/1/2016, and for only
the calendar year
2016, employers can
provide 24 hours for
the period of 7/1/2016
to 12/31/2016. On
1/1/2017, employers
are required to provide
the full 48 hours.
Option 2: Provide a
lump sum of 40 PSL
hours at the start of
the benefit year.
Option 2: Provide full
amount of required
PSL at the start of
each employment
year, calendar year, or
fiscal year:
· 26 or more
employees:
1/1/2017: 40 hours
1/1/2018: 72 hours
· 25 or fewer
employees:
1/1/2017: 32 hours
1/1/2018: 40 hours
Accrued, unused PSL,
including unused
“front-loaded” PSL,
carries over year to
year but is limited by
the employer’s accrual
cap.
Accrued, unused PSL
carries over year to
year.
Accrued, unused PSL
carries over year to
year but is limited to
the employer’s accrual
cap. Employers who
provide PSL up front
do not need to roll
over unused PSL from
year to year.
Option 3: Provide a
partial amount of
required PSL at the
start of each
employment year,
calendar year, or 12month period, and
allow accrual for the
remainder at one hour
of PSL for every 30
hours worked.
Option 4: For new
hires, accrual that
provides at least 24
hours or 3 days of
PSL available for use
by completion of the
120th calendar day of
employment.
15. Carry Over
Emeryville
Paid Sick Leave
Accrued, unused PSL
carries over into the
next year but is limited
by the employer’s
accrual cap.
Accrued, unused PSL
carries over into the
next year but is limited
by the employer’s
accrual cap.
Page 5 of 12
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
16. When PSL
Pay Is Due
On the payday for the
next regular payroll
period after PSL is
taken.
On the payday for the
next regular payroll
period after PSL is
taken.
On the payday for the
next regular payroll
period after PSL is
taken.
17. Rate of Pay
Nonexempt
employees: PSL is
paid either: (1) at the
regular rate of pay for
the workweek in which
PSL is used; or (2)
calculated by dividing
total wages (excluding
overtime premium
pay) by the total hours
worked during the full
pay periods of the
prior 90 days.
Same as California
law.
Nonexempt hourly
Not addressed.
employees: PSL is
paid at the employee’s
regular hourly rate.
Nonexempt salaried
employees: The rate
of pay is calculated by
dividing the annual
salary by 52 weeks,
and dividing that
amount by the number
of hours the employee
is regularly scheduled
to work up to 40 hours.
Exempt employees:
The rate of pay is
calculated by the
same method as any
other form of paid
leave time provided by
the employer.
18. Cash Out of
PSL
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
Emeryville
Paid Sick Leave
On the payday for the
next regular payroll
period after PSL is
taken.
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
Not addressed.
Not addressed.
Not addressed.
Not addressed.
Nonexempt
employees: PSL is
paid at the regular rate
of pay for the
workweek in which
PSL is used.
Exempt employees:
The rate of pay is
calculated by the
same method as any
other form of paid
leave time provided by
the employer.
Not addressed.
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
Exempt employees:
The rate of pay is
calculated by dividing
the annual salary by
52 weeks, and dividing
that amount by 40
hours. If the
employee’s regular
work week is less than
40 hours, divide the
weekly salary by the
number of hours
worked during a
regular work week.
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
An employer is not
required to cash out
PSL or pay for
accrued or unused
PSL at separation.
Page 6 of 12
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
19. Interruption of
Employment
If the employee is
rehired within one year
from the date of
separation, any
previously accrued
and unused PSL must
be reinstated and can
be used immediately
upon rehire.
Same as California
law.
Same as California
law.
Same as California
law.
Same as California
law.
If the employee is
rehired within six
months from the date
of separation, any
previously accrued
and unused PSL must
be reinstated and can
be used immediately
upon rehire.
Not addressed.
20. Amount of
Notice
Employees
Must Provide
If the need for PSL is
foreseeable, the
employee must
provide reasonable
advance notice of
absence. If the need is
unforeseeable, the
employee must
provide notice as soon
as practicable.
Employers may
require at least 2
hours’ notice of
absence before the
start of a shift, except
for accidents,
emergencies, or
sudden illnesses for
which advance notice
would be
unreasonable.
Employers may
require at least 2
hours’ notice of
absence before the
start of a shift, except
for accidents,
emergencies, or
sudden illnesses for
which advance notice
would be
unreasonable.
An employer may
require reasonable
notice of a PSL
absence.
Not addressed.
If the need for PSL is
foreseeable, the
employer may require
reasonable advance
notice, not to exceed
seven days before the
absence. If the need is
unforeseeable, the
employee must
provide notice as soon
as practicable.
Not addressed.
21. Requiring
Doctor’s Note
or Other
Documentation
Requiring
documentation is not
permitted under the
California Labor
Commissioner’s
interpretation of the
law.
Requiring
documentation is
presumptively
reasonable: (1) for a
PSL absence
exceeding 3
consecutive work
days; (2) a doctor’s
appointment; or (3)
where there is a
pattern or clear
instance of abuse.
Caution: On this issue,
the City ordinance is
inconsistent with the
California Labor
Commissioner’s
interpretation of the
California law.
Requiring
documentation is
presumptively
reasonable: (1) for a
PSL absence
exceeding three
consecutive work
days, or (2) to verify a
subsequent absence
where abuse is
suspected.
Caution: On this issue,
the City ordinance is
inconsistent with the
California Labor
Commissioner’s
interpretation of the
California law.
Not addressed.
Permitted.
Permitted for an
absence exceeding
three consecutive
work days.
Not addressed.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Caution: On this issue,
the City ordinance is
inconsistent with the
California Labor
Commissioner’s
interpretation of the
California law.
Caution: On this issue,
the City ordinance is
inconsistent with the
California Labor
Commissioner’s
interpretation of the
California law.
Page 7 of 12
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
22. Employers’
Notice
Obligations
Employers must:
(1) Display the state’s
official poster;
(2) For nonexempt
employees, include
PSL information in
their wage notices
(http://www.dir.ca.gov/dl
se/LC_2810.5_Notice.p
df); and
(3) Include the amount
of available PSL in
employees’ wage
statements.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official poster; and
(2) Include the amount
of available City PSL
in employees’ wage
statements.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official poster; and
(2) At the time of hire,
provide employees
written notice of the
employer’s name,
address, and
telephone number.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official poster;
(2) Provide the City’s
official notice of rights
to current employees
and new employees at
the time of hire; and
(3) At the time of hire,
provide employees
written notice of the
employer’s name,
address, and
telephone number.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official poster; and
(2) At the time of hire,
provide employees
written notice of the
employer’s name,
address, and
telephone number.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official poster; and
(2) At the time of hire,
or by 10/1/2016,
whichever is later,
provide written notice
of the employer’s legal
name and any
fictitious business
name, address, and
telephone number,
and information on
how the employer
satisfies the
ordinance, including
method of PSL
accrual.
In addition to the
notice requirements
under the California
law, employers must:
(1) Display the City’s
official bulletin; and
(2) At the time of hire,
provide employees
written notice of the
employer’s name,
address, and
telephone number.
23. Record
Retention
Records documenting
hours worked and
PSL accrued and
used must be retained
for 3 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 4 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 3 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 3 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 4 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 3 years.
Records documenting
hours worked and
PSL accrued and
used must be retained
for 3 years.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
Page 8 of 12
24. Paid Time Off
Policies
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
No additional benefits
are required if the paid
time off can be used
for the same purposes
and under the same
conditions required by
the law, and:
No additional benefits
are required if the paid
leave can be used for
the same purposes
and meets the
minimum accrual
requirements of the
ordinance.
No additional benefits
are required if the paid
leave can be used for
the same purposes
and meets the
minimum accrual
requirements of the
ordinance.
(1) the policy meets
the law’s accrual,
carry-over, and use
requirements;
(2) the policy applied
before 1/1/2015, and
provides at least one
day or eight hours of
paid leave within three
months of
employment, and at
least three days or 24
hours can be accrued
within nine months of
employment; or
Emeryville
Paid Sick Leave
Not addressed.
City of Los Angeles
Paid Sick Leave
No additional benefits
are required if the
policy provides at
least 48 hours of paid
time off.
Where the policy does
not meet all of the
ordinance’s
requirements, the City
may still determine
that additional benefits
are not required if the
policy is overall more
generous to
employees.
City of San Diego
Paid Sick Leave
No additional benefits
are required if the paid
leave can be used for
the same purposes
and meets the
minimum accrual
requirements of the
ordinance.
Santa Monica
Paid Sick Leave
Not addressed.
An employer who
provides greater paid
time off than that
required by the City is
deemed in compliance
even if the employer
uses an alternative
methodology for
calculation of,
payment of, and use
of PSL.
(3) the policy provides
sick leave or annual
leave benefits to
certain public sector
employees.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Page 9 of 12
25. Retaliation
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
Employers may not
retaliate against
employees for
exercising rights
under the law, such
as by using PSL,
filing a complaint,
cooperating in a State
investigation or
prosecution, or
opposing an unlawful
policy or practice.
Employers may not
retaliate against
employees for
exercising rights
under the ordinance,
such as by filing a
complaint with the
City, informing any
person of his or her
potential rights or
about a potential
violation, cooperating
with an investigation,
or opposing an
unlawful policy or
practice.
Employers may not
retaliate against
employees for
making a complaint to
the City, participating
in any of its
proceedings, using
any civil remedies to
enforce his or her
rights, or otherwise
asserting his or her
rights under the law.
Employers may not
retaliate against
employees for
making a complaint to
the City, participating
in any of its
proceedings, using
any civil remedies to
enforce his or her
rights, or otherwise
asserting his or her
rights under the law.
Employers may not
retaliate against
employees for
exercising their rights
under the ordinance,
such as filing a
complaint with the
City, or informing any
person of his or her
potential rights or
about a potential
violation.
Within 120 days of
the employer learning
of such activity, it is
unlawful for the
employer to
discharge any
employee who
engaged in such
activity unless the
employer has clear
and convincing
evidence of just
cause for such
discharge.
Within 120 days of
the employer learning
of such activity, it is
unlawful for the
employer to
discharge any
employee who
engaged in such
activity unless the
employer has clear
and convincing
evidence of just
cause for such
discharge.
Taking an adverse
action against an
employee within 90
days of the
employee's exercise
of rights protected by
the ordinance raises
a rebuttable
presumption of
having done so in
retaliation for the
exercise of such
rights.
There is a rebuttable
presumption of
retaliation if an
employee suffers a
negative employment
action within 30 days
of the employee’s
filing of a complaint
with the Labor
Commissioner,
cooperating with an
investigation or
prosecution of a
violation, or opposing
a policy, practice or
act prohibited by the
law.
Taking an adverse
action against an
employee within 90
days of the
employee's exercise
of rights protected by
the ordinance raises
a rebuttable
presumption of
having done so in
retaliation for the
exercise of such
rights.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Employers may not
retaliate against
employees for
exercising rights
under the ordinance,
such as by requesting
or using PSL,
reporting a violation
to the City, informing
any person of his or
her potential rights or
about a potential
violation, or
participating in an
administrative or
judicial action.
Taking an adverse
action against an
employee within 90
calendar days of the
employee’s exercise
of rights under the
ordinance raises a
rebuttable
presumption of
having done so in
retaliation for the
exercise of such
rights.
Santa Monica
Paid Sick Leave
Employers may not
retaliate against
employees for
exercising rights
under the ordinance,
such as by opposing
a practice prohibited
by the law,
participating in
proceedings related
to the law, or seeking
to enforce his or her
rights under the law
by lawful means.
Taking an adverse
action against a
person within 90 days
of the person's
exercising rights
protected under the
ordinance raises a
rebuttable
presumption of
having done so in
retaliation for the
exercise of such
rights.
Page 10 of 12
26. Enforcement
California
Paid Sick Leave
San Francisco
Paid Sick Leave
Oakland
Paid Sick Leave
Emeryville
Paid Sick Leave
City of Los Angeles
Paid Sick Leave
City of San Diego
Paid Sick Leave
Santa Monica
Paid Sick Leave
The law does not
directly permit a
private right of action
by an aggrieved
employee. It remains
unclear, however, if an
aggrieved employee
can file suit under the
California Private
Attorney General Act
of 2004 (PAGA).
The City is authorized
to investigate potential
violations, settle
complaints, and
impose fines and
penalties.
The City is authorized
to investigate potential
violations, and to
award the same relief
in its proceedings as a
court of law could.
The City is authorized
to investigate potential
violations, and to
award the same relief
in its proceedings as a
court of law could.
The City is authorized
to investigate potential
violations, settle
complaints, and
impose fines and
penalties.
The City is authorized
to investigate potential
violations, settle
complaints, and
impose fines and
penalties.
The City or an
aggrieved employee
can bring a civil action
in court to enforce the
local ordinance.
The City or an
aggrieved employee
can bring a civil action
in court to enforce the
ordinance.
The City or an
aggrieved employee
can bring a civil action
in court to enforce the
ordinance.
The City or an
aggrieved employee
can bring a civil action
in court to enforce the
ordinance.
The City or an
aggrieved employee
can bring a civil action
in court to enforce the
ordinance.
The City will contract
with Los Angeles
County to process and
investigate claims. A
violation can result in
fines, penalties and
criminal liability.
An aggrieved
employee can bring a
civil action in court to
enforce the ordinance.
1
See the California Department of Industrial Relations’ Healthy Workplace Healthy Family Act of 2014 (AB 1522) website, http://www.dir.ca.gov/dlse/ab1522.html, and Frequently Asked Questions
at http://www.dir.ca.gov/dlse/paid_sick_leave.htm. See also CalChamber’s “10 Things You Might Not Know About California’s Paid Sick Leave Law” white paper: http://www.calchamber.com/hrcalifornia/white-papers/Documents/Ten-Things-You-Might-Not-Know-About-California's-Paid-Sick-Leave-Law.pdf.
2
See San Francisco’s Paid Sick Leave Ordinance website: http://sfgov.org/olse/paid-sick-leave-ordinance-pslo.
Information on San Francisco’s geographical boundaries can be found here: http://www.zipmap.net/California/San_Francisco_County.htm and
https://www.google.com/maps/place/San+Francisco,+CA/@37.7583944,-122.5637007,11.25z/data=!4m5!3m4!1s0x80859a6d00690021:0x4a501367f076adff!8m2!3d37.7749295!4d122.4194155.
3
See Oakland’s Minimum Wage and Paid Sick website: http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/index.htm.
Information on Oakland’s geographical boundaries can be found here: http://www.zipmap.net/California/Alameda_County/Oakland.htm.
4
See Emeryville’s Minimum Wage and Paid Sick Leave Ordinance website: http://www.ci.emeryville.ca.us/1024/Minimum-Wage-Ordinance/.
Information on Emeryville’s geographical boundaries can be found here: http://www.ci.emeryville.ca.us/DocumentCenter/Home/View/678.
5
See the City of Los Angeles’s Minimum Wage and Paid Sick Leave website: http://wagesla.lacity.org/.
Information on City of Los Angeles’ geographical boundaries can be found here: http://zimas.lacity.org/; http://www.laalmanac.com/LA/lamap2.htm; and http://neighborhoodinfo.lacity.org/.
6
See the City of San Diego’s Paid Sick Leave and Minimum Wage website: https://www.sandiego.gov/treasurer/minimum-wage-program.
Information on the City of San Diego’s geographical boundaries can be found here: http://gis.sandag.org/boundary/viewer.htm;
https://www.sandiego.gov/sites/default/files/legacy//planning/programs/mapsua/pdf/cplancd2.pdf; and
http://www.arcgis.com/home/webmap/viewer.html?webmap=2caf87466f1e427e8151fd67c5af9551&extent=-118.1078,32.3242,-116.0795,33.3224.
7
See the City of Santa Monica’s Paid Sick Leave and Minimum Wage website: http://beta.smgov.net/strategic-goals/inclusive-diverse-community/minimum-wage-ordinance.
California State and City Paid Sick Leave Laws – September 2016
www.foxrothschild.com
Page 11 of 12
8
City of Los Angeles Effective Date: The effective date of the ordinance depends on the size of the employer. Employers with 26 or more employees must comply by July 1, 2016. Employers with
25 or fewer employees (“small businesses”) have until July 1, 2017 to comply. A small business should complete MW-2 Small Business Deferral Eligibility Worksheet, which is available at
http://wagesla.lacity.org/ and published by the City to assist employers in determining eligibility.
9
See San Diego Sick Leave and Minimum Wage Ordinance Frequently Asked Questions (FAQ), p. 2, revised August 8, 2015,
https://www.sandiego.gov/sites/default/files/tr_mwo_faq_08052016a.pdf.
For more information contact:
Tyreen G. Torner
415.364.5559 | [email protected]
© 2016 Fox Rothschild LLP. All rights reserved. This publication was prepared as an educational resource and should not be relied on or construed as legal
advice. Use of this table alone will not ensure compliance with applicable law. The reader should consult with knowledgeable legal counsel to determine how
applicable laws apply to specific facts and situations. This publication is based on the most current information at the time it was written. Since it is possible that
the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this
publication.
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California State and City Paid Sick Leave Laws – September 2016
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