46 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com of uncompensated time off each year.194 Uncompensated time off can be used for sick leave for the employee or for a family member’s illness when the employee has exhausted compensated time off. This time off is available for use after the first 90 days of employment or consistent with the employer’s policies, whichever is sooner.195 Again mirroring West Hollywood’s PSL ordinance, unused, accrued uncompensated time off will carry over until the time off reaches a maximum of 80 hours, unless the employer’s established policy is more generous.196 There are other similarities between the two ordinances, including their respective silence regarding payout of unused accrued time off at termination. Oakland. Oakland’s PSL ordinance, passed in 2014, covers any employee who in any workweek performs at least two hours of work in the city. The definition of “employer” includes indirect employers, such as businesses who hire through staffing agencies. The substantive provisions are similar to San Francisco’s ordinance as it existed at the time. The Oakland ordinance197 provides that employees earn one hour of PSL for every 30 hours worked. Employers may cap the annual amount accrued at 72 hours, though small businesses (fewer than 10 employees) may impose a cap at 40 hours. Sick leave can be used for care of the employee, a wide array of covered family members, and designated persons. As in San Francisco, PSL in Oakland begins to accrue upon hire and can be used beginning on the 90th day of employment. Front-loading 72 hours (40 hours for small businesses) is not permissible under the Oakland ordinance.198 Oakland’s PSL pay rate is now preempted by the state PSL law sick pay requirements.199 San Diego (City). The City of San Diego’s PSL became effective in 2016.200 Unlike other ordinances, San Diego’s specifically excludes not only employees who are exempt from state minimum wage laws, but also employees paid a subminimum wage under a specific license, employees of publicly subsidized summer or short-term youth employment programs, and student employees, camp counselors, and program counselors of organized camps. The San Diego ordinance mostly follows state law as to covered family members, though San Diego makes a point of covering half, adopted, and step-siblings. The ordinance also follows state law on reasons for using PSL, except that San Diego adds two additional triggering events: (1) when the workplace is closed due to a public health emergency, and (2) when the employee is providing care or assistance to a child whose school or child care provider is closed by local order due to a public health emergency. The San Diego ordinance differs from state law on the rate of pay for PSL, but that provision is now preempted by the amended California PSL law.201 San Diego’s PSL ordinance aligns with Califoria’s amended state PSL law and expressly allows employers (1) to cap an employee’s total accrual of PSL and carryover at 80 hours, (2) to frontload no fewer than 40 hours of PSL at the beginning of each “benefit year” (a regular and consecutive 12-month period, as determined by the employer), and (3) to limit an employee’s use of PSL to 40 hours per “benefit year.” Santa Monica. Santa Monica’s PSL provisions took effect in 2017.202 The Santa Monica ordinance excludes government employees and employees who are exempt from the state minimum wage laws. Santa Monica employees working at least two hours per week in the City and working for small businesses (having 25 or fewer employees) earned at least 32 hours of PSL in 2017 and 40 hours in 2018 and going forward. Employees in larger businesses (with at least 26 employees) earned at least 40 hours of PSL in 2017 and 72 hours starting in 2018. The accrual rate is one hour for every 30 hours worked, and employees carry over earned PSL each year up to the caps set by the employer (which can either mirror the caps above or be more generous). Employers can front-load PSL rather than have employees accrue PSL per hour, so long as the employer provides leave consistent with the required amounts. Other PSL designs are possible so long as they meet or exceed ordinance requirements. In terms of covered family members, reasons for use of PSL, and pay rate, Santa Monica includes the covered family members covered by state law.
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