San Francisco, CA Employment Preemption: Paid Leave Preemption (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.
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?
Does parental leave apply to part-time workers?
Sources & Official References
Other rules in San Francisco
California rules heatmap·Compare San Francisco to another location·View the California employment preemption overview
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