©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 45 covered family members, and designated persons. As in San Francisco, PSL in Oakland begins to accrue upon hire and can be used beginning on the 90th day of employment. Front-loading 72 hours (40 hours for small businesses) is not permissible under the Oakland ordinance.176 Oakland’s PSL pay rate is now preempted by the state PSL law sick pay requirements.177 In response to the pandemic, Oakland issued guidance that its PSL ordinance applies to Covid-related family care as well as the employee’s own needs.178 San Diego (City). The City of San Diego’s PSL became effective in 2016.179 Unlike other ordinances, San Diego’s specifically excludes not only employees who are exempt from state minimum wage laws, but also employees paid a subminimum wage under a specific license, employees of publicly subsidized summer or short-term youth employment programs, and student employees, camp counselors, and program counselors of organized camps. The San Diego ordinance mostly follows state law as to covered family members, though San Diego makes a point of covering half, adopted, and step-siblings. The ordinance also follows state law on reasons for using PSL, except that San Diego adds two additional triggering events: (1) when the workplace is closed due to a public health emergency, and (2) when the employee is providing care or assistance to a child whose school or child care provider is closed by local order due to a public health emergency. The San Diego ordinance differs from state law on the rate of pay for PSL, but that provision is now preempted by the amended California PSL law.180 San Diego’s PSL ordinance aligns with Califoria’s amended state PSL law and expressly allows employers (1) to cap an employee’s total accrual of PSL and carryover at 80 hours, (2) to frontload no fewer than 40 hours of PSL at the beginning of each “benefit year” (a regular and consecutive 12-month period, as determined by the employer), and (3) to limit an employee’s use of PSL to 40 hours per “benefit year.” Santa Monica. Santa Monica’s PSL provisions took effect in 2017.181 The Santa Monica ordinance excludes government employees and employees who are exempt from the state minimum wage laws. Santa Monica employees working at least two hours per week in the City and working for small businesses (having 25 or fewer employees) earned at least 32 hours of PSL in 2017 and 40 hours in 2018 and going forward. Employees in larger businesses (with at least 26 employees) earned at least 40 hours of PSL in 2017 and 72 hours starting in 2018. The accrual rate is one hour for every 30 hours worked, and employees carry over earned PSL each year up to the caps set by the employer (which can either mirror the caps above or be more generous). Employers can front-load PSL rather than have employees accrue PSL per hour, so long as the employer provides leave consistent with the required amounts. Other PSL designs are possible so long as they meet or exceed ordinance requirements. In terms of covered family members, reasons for use of PSL, and pay rate, Santa Monica includes the covered family members covered by state law. West Hollywood. West Hollywood’s PSL mandate took effect on January 1, 2022, for “hotel employers” and on July 1, 2022, for other West Hollywood employers.182 The ordinance includes a minimum wage component and requires coordination between PTO and vacation.183 Employers must provide at least 96 compensated hours off per year for sick leave, vacation, or personal necessity to full-time employees (those working at least 40 hours per week or whom the employer deems fulltime, whichever is more generous).184 Employers must make this time available at the employee’s request. Under the ordinance, after the first six months of employment (or pursuant to a more generous employer policy), full-time employees shall accrue at least 96/52 hours of compensated time off each week in a calendar year that the employee has been employed by the Employer.185 Compensated time off does not accrue for work in excess of 40 hours per week, subject to legally protected exceptions.186 Full-time employees who work less than 40 hours a week receive the compensated time off in proportional increments.187
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