Berkeley vs Oakland
How do paid leave preemption rules compare between Berkeley, CA and Oakland, CA?
Berkeley has fewer restrictions than Oakland.
Berkeley, CA
Alameda County
Berkeley supplements California paid sick leave with a stronger local accrual cap, broader family definitions, and tighter coverage for small employers, all enforced through the city Office of Labor Standards Enforcement.
View full Berkeley rules →Oakland, CA
Alameda County
Measure FF also created Oakland Earned Sick Leave under OMC 5.92, requiring all employers to provide one hour of paid sick leave per 30 hours worked, capped at 40 or 72 hours depending on employer size, available for employee or family illness.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Accrual rate | 1 hour per 30 worked | - |
| Small employer cap | 48 hours | 40 hours |
| Large employer cap | 72 hours | - |
| Records retention | 4 years | - |
| Accrual | - | 1 hour per 30 worked |
| Larger employer cap | - | 72 hours |
| Code | - | OMC Chapter 5.92 |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I use sick leave to care for a friend?
Yes. Berkeley allows use for designated persons including chosen family, in addition to traditional relatives, domestic partners, and registered family members.
Does the leave roll over each year?
Yes, up to the applicable cap. Berkeley does not require employers to pay out unused balances at separation unless a separate policy promises that benefit.
Oakland FAQ
Can leave be used for family?
Yes. Leave covers care for the worker, family members, and a designated person, plus domestic violence or sexual assault recovery.
Does leave carry over?
Yes. Unused hours carry over each year, though employers may cap total use at 40 or 72 hours depending on employer size.
Compare other topics
See how Berkeley and Oakland compare on other ordinance categories.
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