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πŸ’Ό Employment Preemption/Paid Leave Preemption

Paid Leave Preemption: Oakland vs Sunol

How do paid leave preemption rules compare between Oakland, CA and Sunol, CA?

Oakland and Sunol have similar restriction levels.

Oakland, CA

Alameda County

Heavy Restrictions

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 β†’

Sunol, CA

Alameda County

Heavy Restrictions

California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.

View full Sunol rules β†’

Key Facts Comparison

FactOaklandSunol
Accrual1 hour per 30 worked-
Small employer cap40 hours-
Larger employer cap72 hours-
CodeOMC Chapter 5.92-
Statute-Labor Code 245-249
Minimum Annual Leave-40 hours/5 days
Effective Date-January 2024
Local Stricter Allowed-Yes

Highlighted rows indicate differences between cities.

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.

Sunol FAQ

How much paid sick leave do California workers receive?

At least 40 hours or five days annually under Labor Code 245-249, as expanded by SB 616 in 2024. Employees of larger cities may receive more under local ordinances.

Are California cities preempted from passing paid leave laws?

No. State law sets a minimum standard. Cities like San Francisco, Los Angeles, and Oakland have higher local paid sick leave requirements that remain valid.

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