Major Changes in Sick Leave Entitlements (Civil Service Adviser 5)

December 1, 1999

The Civil Service  Commission has established the Civil Service Adviser to enhance delivery of information on important employment issues and policies affecting the merit system of the City and County of San Francisco.

MAJOR CHANGES IN SICK LEAVE ENTITLEMENTS

 

This is to notify Appointing Officers, Personnel Officers, Employees and Employee Organizations that Governor Gray Davis signed into law amendments to the California State Labor Code - Section 233, affecting public and private employers alike. The Law, which becomes effective on January 1, 2000, requires employers who provide sick leave for employees to permit an employee to use in any calendar year, up to one half the employee’s accrued and available sick leave entitlement to attend to the illness or medical appointment of a child, parent, or spouse of the employee.

The law provides that all conditions and restrictions placed by the employer upon the use by an employee of sick leave shall also apply to the use of sick leave by an employee to attend to illness of his or her child, parent or spouse. 

However, the Law prohibits an employer from denying the use of sick leave or from discharging, threatening to discharge, demoting, suspending or in any manner discriminating in the terms and conditions of employment against such an employee for exercising these rights.

How does this Affect Employees Covered by Civil Service Commission Rules on Sick Leave?

Employees covered by Civil Service Commission Rules governing sick leave are covered by this benefit.  The Rules currently allow employees to utilize sick leave for illness or medical appointment of a child. Employees shall now be allowed to utilize sick leave to attend to an illness or medical appointment of a parent or spouse of the employee. Amendments to the Civil Service Commission Rules will be issued shortly to reflect these changes.

How does this Affect Employees whose Sick Leave entitlement is covered by a Collective Bargaining Agreement?

The amendments to Labor Code Section 233 supercede any collective bargaining agreement.

City Policy on Domestic Partners

Consistent with City policy on domestic partners, employees shall be allowed to utilize sick leave to attend the illness or medical appointment of the employee’s domestic partner.  Civil Service Commission rules will be issued shortly to reflect these changes.