§ 39.0105 — Accrual of Earned Sick Leave

§39.0105 Accrual of Earned Sick Leave

(a) Employers must provide Earned Sick Leave to their Employees in accordance with this Division. (b) Employers must provide an Employee with one hour of Earned Sick Leave for every 30 hours worked by the Employee within the geographic boundaries of the City, but Employers are not required to provide an Employee with Earned Sick Leave in less than one-hour increments for a fraction of an hour worked. Employers may cap an Employee’s total accrual of Earned Sick Leave at 80 hours. (c) An Employer may satisfy the accrual and carry-over provisions of this section if no less than 40 hours of Earned Sick Leave are awarded to an Employee at the beginning of each Benefit Year for use in accordance with this Division, regardless of the Employee’s status as full-time, part-time, or temporary. (d) Earned Sick Leave begins to accrue at the commencement of employment or on July 11, 2016, whichever is later, and an Employee is entitled to begin using accrued Earned Sick Leave on the 90th calendar day following commencement of his or her employment or on July 11, 2016, whichever is later. After the 90th calendar day of employment or after July 11, 2016, whichever is later, an Employee may use Earned Sick Leave as it is accrued. (e) Earned Sick Leave for Employees not exempt from the overtime requirements of federal and California law must be compensated at the same regular rate of pay for the work week in which the Employee uses the Earned Sick Leave. Earned Sick Leave for Employees exempt from the overtime requirements of federal and California law must be compensated at the same rate or in the same manner as the Employer calculates compensation for paid working time. (f) Employees who are not covered by the overtime requirements of federal and California law or regulations are assumed to work 40 hours in each work week for purposes of Earned Sick Leave accrual unless their regular work week is less than 40 hours, in which case Earned Sick Leave accrues based upon that regular work week. (g) An Employer who provides an Employee with an amount of paid leave, including paid time off, paid vacation, or paid personal days sufficient to meet the requirements of this section, and who allows this paid leave to be used for the same purposes and under the same conditions as the Earned Sick Leave required by this Division, is not required to provide additional Earned Sick Leave to the Employee. An Employer who provides greater paid time off, either through a contract, collective bargaining agreement, employment benefit plan, or other agreement, than that required by this Division, is deemed to be in compliance even if the Employer utilizes an alternative methodology for calculation of, payment of, and use of Earned Sick Leave or other paid time off that can be used as Earned Sick Leave. (h) Employees may determine how much Earned Sick Leave they need to use, provided that Employers may set a reasonable minimum increment for the use of Earned Sick Leave not to exceed two hours. (i) Employers may limit an Employee’s use of Earned Sick Leave to 40 hours in a Benefit Year, but unused, accrued Earned Sick Leave must be carried over to the following Benefit Year. (j) If an Employee is transferred to a separate division, entity, or location in the City, but remains employed by the same Employer, the Employee is entitled to all Earned Sick Leave accrued at the prior division, entity, or location, and is entitled to retain and use all Earned Sick Leave, as provided by this Division. When there is a separation from employment and the Employee is rehired within six months of separation by the same Employer, previously accrued Earned Sick Leave that was not used or paid out must be reinstated and such Employee must be entitled to use such accrued Earned Sick Leave. (k) Employers are not required by this Division to compensate an Employee for unused, accrued Earned Sick Leave, upon the Employee’s termination, resignation, retirement, or other separation from employment.

(“Accrual of Earned Sick Leave” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)