Paid Sick Leave: Remember Local Ordinances in Six Cities

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Employers in six California cities must consider paid sick leave requirements established by local ordinances in addition to the state paid sick leave law that marked its one-year anniversary on July 1.

All six cities also have their own minimum wage ordinance.

When state and local paid sick leave laws conflict, employers should follow the requirement that is more generous to employees.

Following are the six cities with paid sick leave ordinances in the order in which the paid sick leave requirement first went into effect:

• San Francisco: First took effect February 5, 2007. A revision to the ordinance will take effect on January 1, 2017.

• Oakland: First took effect March 2, 2015.

• Emeryville: First took effect July 2, 2015.

• Los Angeles: First took effect July 1, 2016.

• San Diego: First took effect July 11, 2016.

• Santa Monica: Will take effect January 1, 2017.

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Los Angeles is one of six cities in California that have adopted both a paid sick leave ordinance and minimum wage ordinance.

Two resources that can help employers sort out the paid sick leave requirements set by local ordinances are available to California Chamber of Commerce members through the HRCalifornia website.

• The “Local Minimum Wage and Paid Sick Leave Ordinances” chart, listing the cities with paid sick leave and minimum wage requirements and including links to the city websites.

•A comparison of requirements of “California State and City Paid Sick Leave Laws,” prepared by Fox Rothschild LLP, attorneys at law. The chart provides an overview of subjects such as which employees are covered, excluded employees, permitted uses of the paid sick leave, covered family members, accrual methods, accrual caps, carry over, use increments, notice requirements for employees and employers, doctor’s note or required documentation, record retention requirements, and enforcement.

Nonmembers can sign up for a free trial of HRCalifornia at www.hrcalifornia.com/freetrial.