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San Francisco, CA Employment Preemption: Paid Leave Preemption (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sick leave accrual
1 hour per 30 worked
Parental top-up
100% wages, 8 weeks
HCSO threshold
20+ employees
Code references
Admin Ch. 12W, 12T, 14

Summary

San Francisco layers three local paid-leave mandates: Paid Sick Leave (Admin Code Ch. 12W), Paid Parental Leave (Ch. 12T), and Health Care Security Ordinance (Ch. 14). All exceed California state minimums and apply to most employers.

246. (a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section... (b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked... (d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee's use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period... (r) Subdivisions (g), (h), (i), (l), (m), and (n) shall preempt any local ordinance to the contrary.

Source: San Francisco Municipal CodeView official code

Full Breakdown

Paid Sick Leave under Chapter 12W requires 1 hour accrued per 30 worked, capped at 72 hours for employers with 10+ workers and 40 hours for smaller. Paid Parental Leave (Chapter 12T) requires employers with 20+ workers citywide to top up California Paid Family Leave benefits to 100% of wages for up to eight weeks of bonding leave. The Health Care Security Ordinance (Chapter 14, HCSO) requires employers with 20+ workers (50+ for non-profits) to spend a quarterly health-care expenditure per covered employee, either through insurance or contributions to the City Option program. OLSE enforces all three through audits and complaints.

Violations & Fines

Denying accrued sick time, failing parental top-up, or missing HCSO health expenditures triggers OLSE back-pay orders, civil penalties, and public posting of violators.

Frequently Asked Questions

What is the HCSO healthcare expenditure?
Employers must spend a set hourly rate per covered employee on health benefits each quarter. The rate is updated yearly by the Department of Public Health and OLSE.
Does parental leave apply to part-time workers?
Yes, if they regularly work at least 8 hours per week in San Francisco for an employer with 20 or more total employees and have been employed at least 180 days.

Sources & Official References

Other rules in San Francisco

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