October 21, 2021

Volume XI, Number 294

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Mayor of San Francisco Signs Amended Public Health Emergency Leave Ordinance

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.

Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 111
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About this Author

Stephanie Yang, Wage, Hour, Attorney, Jackson Lewis Law Firm
Associate

Stephanie T. Yang is an Associate in the San Francisco, California, office of Jackson Lewis P.C. Ms. Yang represents employers in all aspects of employment litigation, including wage and hour, discrimination, harassment, wrongful termination, and breach of employment contract claims. She also counsels employers on all areas of employment compliance.

In 2012, Ms. Yang’s trial motions and briefs contributed to two defense verdicts in Orange County. In 2013, Ms. Yang obtained a partial summary judgment in a hotly litigated disability discrimination matter. In 2015...

415-796-5486
Kate L. Brown Employment Attorney Jackson Lewis
Associate

Kate L. Brown is an Associate in the San Francisco, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

415-394-9400
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