Changes in Sick Leave Entitlements (Civil Service Adviser 31)

September 1, 2015

Changes in Sick Leave Entitlements

This is to notify Appointing Officers, Personnel Officers, Employees and Employee Organizations that the second phase of the Healthy Workplace Healthy Family Act of 2014 took effect on July 1, 2015.  Civil Service Commission (CSC) Rule Series 020 was amended to comply with California Labor Code Section 245-249 affecting all City and County employees.

The amended CSC Sick Leave Rule provides a sick leave benefit beginning on the 90th day of employment for all employees, effective July 1, 2015.  Full-time, part-time and regularly scheduled City and County of San Francisco employees are no longer required to wait six (6) months before accessing their sick leave balance accruals.  All  other employees covered by Administrative Code Chapter 12W, including exempt employees with no previous access to sick leave, will also accrue sick leave beginning their first day of employment, at a different rate, and will have access to sick leave balance accruals on the 90th day of employment.

The amendment expands the definition of “child” to include a child of any age or dependency status.  Qualifying family members for which employees may use paid sick leave now include grandparents, grandchildren and siblings.  In addition, sick leave may now be used for preventive care for employee, the employee’s family members, and for employees who are victim of domestic violence, sexual assault or stalking.

HOW DOES THIS AFFECT EMPLOYEES?

Full-time, part-time and regularly scheduled employees already accrue .05 hours of sick leave per hour worked beginning the first day of their employment.  The accrual cap remains at 1040 hours.

For employees covered under Administrative Code Chapter 12W and all other exempt employees, the accrual rate is 1 hour of sick leave for every 30 hours worked.  The maximum accrual cap of unused sick leave credits shall not exceed 72 hours for employees covered under Administrative Code Chapter 12W and 48 hours for employees covered under California Labor Code Section 245-249.

If an employee separates from the City service, the balance accruals will be restored if the employee returns to City service within 12 months of separation and another qualifying period of 90 days will not be required.

Employees covered under Administrative Code 12W will continue to have the ability to designate a non-family member for the purposes of sick leave usage.