Based on provisional results from the June 7, 2022, election, it appears San Francisco, California voters have approved Proposition G, which will create a permanent1 public health emergency leave (PHEL) ordinance that will become operative on October 1, 2022. PHEL will be in addition to paid leave employers offer or provide employees (e.g., San Francisco paid sick leave) at the beginning of a “public health emergency,” i.e., a local or statewide health emergency related to any contagious, infectious, or communicable disease declared by San Francisco or California health officials (e.g., COVID-19), or an air quality emergency when the Bay Area Air Quality Management District issues a Spare the Air Alert.2 Eventually, San Francisco’s Office of Labor Standards Enforcement (SF OLSE) will develop guidelines or regulations to implement the ordinance. Until then, below we summarize what the ordinance requires.
Covered Employers, Employees & Family Members: The ordinance will apply to employers with 100 or more employees worldwide except certain non-profits, and to employees who work in San Francisco. For employers with unionized workforces, the ordinance will not apply to employees covered by a bona fide collective bargaining agreement that expressly waives the ordinance’s requirements in clear and unambiguous terms.
Under the ordinance, employees can use leave for themselves or, under certain circumstances, to care for or assist a “family member,” which has the same meaning...
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