Adding to seemingly ever-shifting paid sick leave requirements in different places, the San Francisco Office of Labor Standards Enforcement (OLSE) has issued updated guidance under the San Francisco paid sick leave ordinance. The City approved the nation’s first paid sick leave ordinance in 2007. The new changes warrant attention from San Francisco employers, as they include a further limit on when employers may request a medical note for an absence and guidance on the use of sick leave for COVID-19 reasons. They also coincide with California’s enactment of a new supplemental COVID-19 paid sick leave mandate, retroactive to January 1, 2022.

Employer Verification of Paid Sick Leave

In San Francisco, as well as elsewhere, a common employer question is when can they request a doctor’s note from employees who claim paid sick leave. Typically, San Francisco has allowed employers to request a note in some cases. The OLSE previously issued guidance to San Francisco employers concerning this question: “Policies or practices that require a doctor’s note or other documentation for the use of paid sick leave of three or fewer consecutive workdays shall be deemed unreasonable.”

The new guidance now requires an absence of at least six days. The agency views policies and practices requiring a doctor’s note or other documentation for an absence of five or fewer consecutive workdays as "unreasonable." Employers can require doctor’s notes or other documentation when an employee uses paid...

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