On June 7, 2022, voters in San Francisco approved Proposition G, which will create a permanent public health emergency leave ordinance that will become operative on October 1, 2022.

The ordinance applies to private employers employing 100 or more employees worldwide and the city to provide paid leave to employees for public health emergencies.

Employees working in San Francisco will be eligible for up to a maximum of 80 hours of leave to be used only during a public health emergency. A public health emergency includes:

• A local or state health emergency relating to any infectious disease, as declared by a local or state health official; or
• An air quality emergency.

Employees may use public health emergency leave when:

• The employee or his/her family member is unable to work due to the recommendations or requirements of a health order related to the public health emergency;
• The employee or his/her family member has been advised to isolate or quarantine, is experiencing symptoms or seeking a medical diagnosis or tests positive for the disease;
• The employee is caring for a family member due to the closure of a school or place of care; or
• An air quality emergency, the employee primarily works outdoors and has heart or lung disease, has respiratory problems, is pregnant, or is at least 60 years old.

An employee may choose to use public health emergency leave or paid sick leave in circumstances where both could apply. Any unused public health emergency leave does not carry over to the next year.

Employers shall provide a written notice to employees in English, Spanish, Chinese, Filipino and any other language spoken by more than 5% of the workforce. The employer shall also post the notice in a conspicuous place at any workplace or job site where any of its employees works, and where feasible by providing it to employees via electronic communication, which may include email, text, and/or posting in a conspicuous place in an employer’s web-based or app-based platform.

As with any new law, employers should monitor San Francisco’s Office of Labor Standards Enforcement website for guidance.

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.