Paid Sick Leave

Local Ordinance Addendum

Overview

Use this addendum only if an employee performs work within the city limits of any of the cities below. If your employees do not work in these cities, follow the Statewide Paid Sick Leave section only. 

The statewide rule is the default. If a local city rule is more generous, you must follow the local rule for employees working in that city.


Covered Cities

  1. Los Angeles 

  2. Santa Monica 

  3. West Hollywood 

  4. San Diego 

  5. San Francisco 

  6. Oakland 

  7. Berkeley 

  8. Emeryville


City of Los Angeles

Who is covered?

Employees who work within LA city limits and work for the employer at least 30 days within a year.


How much paid sick leave is required?

48 hours or 6 days per year (whichever method your policy uses).

How can you provide it?

Option A — Accrual

  • At least 1 hour per 30 hours worked

  • Unused time carries over year to year (subject to caps)

Option B — Up-Front (Frontload)

  • Provide the full 48 hours/6 days at the beginning of each year (calendar year, anniversary year, or other defined 12-month period)

Caps

  • Annual usage cap: 48 hours or 6 days

  • Total accrual cap: 72 hours or 9 days

When can employees start using it?

  • Generally on the 90th day of employment.

Permitted Uses

  • Employee’s own health needs (preventative care, diagnosis, treatment)

  • Care for family member

  • Safe-time reasons (domestic violence/sexual assault/stalking)

Pay rate & Payday timing

  • Paid by the next regular payday

  • Pay rate uses the “regular rate” calculation approach (same two-method concept you already use statewide)

Separation/reinstatement & Recordkeeping

  • No required cash-out at separation (unless your policy says otherwise)

  • Rehire within 12 months → restore unused, accrued time unless it was paid out

  • Track and show available hours on pay stub (or same-day writing)


City of Santa Monica

Who is covered?

Employees who work at least 2 hours in a workweek within Santa Monica city limits and are otherwise covered as employees (non-exempt typically triggers here in practice).

How much paid sick leave is required? (depends on employer size)

  • 26+ employees: 72 hours per year

  • 25 or fewer employees: 40 hours per year

How can you provide it?

Option A — Accrual

  • At least 1 hour per 30 hours worked

  • Unused time carries over

Option B — Up-Front (Frontload)

  • Provide the full yearly amount at the start of the year

  • Important: Under your provided material, unused leave may expire at year-end under the up-front approach (this is how your draft describes it—keep consistent with your policy language if you use it).

When can employees start using it?

  • On the 91st day, or earlier if your policy is more generous.

Other core rules

  • Next payday payment timing

  • Same general “regular rate” approach

  • No required cash-out at separation

  • Rehire within 12 months → restore accrued unused time unless paid out

  • Track for 3 years and show balance on pay stub (or same-day writing)


City of West Hollywood 

Who is covered?

Employees working at least 2 hours in a workweek within WeHo and employed at least 30 days within a year.

How much leave is required?

This city is different: it uses a larger “paid leave” structure, and the amount depends on hours worked and full-time vs part-time.

Baseline paid leave concept

  • All employees who qualify must receive at least 24 hours of paid leave available beginning on the 91st day (this is treated as part of the total paid leave).

Full-time employees (40+ hours/week)

  • At least 96 hours of paid sick leave/vacation/personal necessity annually plus

  • At least 80 hours of unpaid sick leave annually

Part-time employees (<40 hours/week)

  • Paid leave accrues proportionally based on hours compared to a full-time employee.

Accrual structure 

  • First 24 hours: 1 hour per 22 hours worked

  • After first 24 hours: 1 hour per 30 hours worked

Caps

  • Paid sick leave cap: 192 hours / 24 days

  • Unpaid sick leave cap: 80 hours / 10 days

Key “owner” note

WeHo is a “special handling” city. If an owner has even one employee working there, it’s worth building a WeHo-specific addendum page in their handbook/PTO system.


City of San Diego

Who is covered?

Employees working at least 2 hours in a week within San Diego city limits.

How can you provide it?

Option A — Accrual

  • 1 hour per 30 hours worked

  • Carryover applies (subject to caps)

Option B — Up-Front (Frontload)

  • Provide at least 40 hours at the start of each “benefit year” (a defined 12-month period)

Caps

  • Annual usage cap: 40 hours / 5 days

  • Total accrual cap: 80 hours / 10 days

When can employees start using it?

  • Employer may restrict use until the 91st day.

Permitted uses 

  • Employee’s illness/medical needs and certain medical-related absences

  • Care for family member

  • “Safe time” related to domestic violence/sexual assault/stalking

  • Public health emergency closures (worksite or child school/childcare closure)

Notice & Documentation 

  • Foreseeable leave: employer may require up to 7 days’ notice

  • If absence > 3 consecutive workdays, employer may request reasonable documentation

Separation & Reinstatement

  • Rehire within 6 months → restore unused accrued sick leave


City and County of San Francisco

Who is covered?

Any employee working within SF city limits.

How it’s provided 

Accrual

  • 1 hour per 30 hours worked

  • Carryover allowed

Accrual caps (depend on employer size)

  • 10+ employees: cap at 72 hours / 9 days

  • 9 or fewer employees: cap at 48 hours / 6 days

When can employees start using it?

  • 90th day

Permitted uses 

  • Employee’s health needs (illness/injury/pregnancy/medical condition)

  • Family member care

  • “Designated person” concept exists in SF

Rehire

  • Rehire within 12 months → restore unused accrued sick leave


City of Berkeley

Who is covered?

Employees working at least 2 hours in a week within Berkeley city limits.

How can you provide it?

Accrual

  • 1 hour per 30 hours worked (includes overtime hours)

  • Carryover allowed

Up-front 

  • Employer may provide hours in advance if documented, including:

    • how much was provided, and

    • how much the employee accrued over time

Caps (depend on employer size)

  • 25+ employees: use cap 72 hours / 9 days; accrual cap 72 hours / 9 days

  • 24 or fewer employees: use cap 48 hours / 6 days; accrual cap 48 hours / 6 days

When can employees start using it?

  • 90th day

Key Berkeley takeaway

  • Employer cannot require shift coverage as a condition

  • Employer can only take reasonable steps to confirm valid use (your material includes a cost-related limitation)


City of Oakland

Who is covered?

Employees working at least 2 hours in a week within Oakland city limits (excludes independent contractors).


How it’s provided

Accrual 

  • 1 hour per 30 hours worked

  • Carryover allowed

Up-front

Oakland does not allow an up-front approach.


Caps

  • Accrual cap:

    • 10+ employees: 72 hours / 9 days

    • 9 or fewer employees: 40 hours / 5 days

  • Oakland does not permit a usage cap.

When can employees start using it?

  • 90th day

Documentation & Notice

  • Same basic notice idea: foreseeable = advance notice; unforeseeable = as soon as practicable

  • If absence > 3 consecutive workdays, reasonable documentation may be requested (as your material states)

City of Emeryville

Who is covered?

Employees who work at least 2 hours in a calendar week within Emeryville city limits.


How it’s provided

Option A — Accrual

  • At least 1 hour per 30 hours worked

  • Carryover allowed

Option B — Up-front 

  • Provide the full annual amount at the beginning of each year

How much is required (depends on employer size)

  • 56+ employees: 72 hours / 9 days

  • 55 or fewer employees: 48 hours / 6 days

When can employees start using it?

  • 90th day

Key rules

  • Next payday payment timing

  • Rehire within 12 months → restore unused accrued time unless paid out

  • Recordkeeping for 3 years