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June 7, 2016 — California Primary Election
County

City and County of San Francisco
Proposition E Ordinance - Majority Approval Required

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Election Results

Passing

186,199 votes yes (79.51%)

47,992 votes no (20.49%)

Initiative Ordinance: Paid Sick Leave
— undefined

Shall the City amend the Paid Sick Leave Ordinance to parallel broader state law provisions without reducing the Paid Sick Leave Ordinance's coverage and allow employees to use paid sick leave hours for the broader purposes authorized by state law?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

If you vote “yes,” you want to amend the PSLO to parallel broader state law provisions without reducing the PSLO’s coverage and allow employees to use paid sick leave hours for the broader purposes authorized by state law.

NO vote means

If you vote “no,” you do not want to make these changes.

Summary

Ballot Simplification Committee

The Way It Is Now: In 2006, San Francisco voters adopted the Paid Sick Leave Ordinance (PSLO), which requires employers to provide employees with one hour of paid sick leave for every 30 hours worked in San Francisco.

Under the PSLO, accrual of paid sick leave hours begins 90 days after the first day of employment. An employee who leaves a job and is rehired by the same employer is not entitled to have any unused paid sick leave reinstated.

California enacted a paid sick leave law, which became effective on July 1, 2015. It does not override the PSLO and in some ways provides broader protections for employees. Employers must comply with both the PSLO and the state law. The City can enforce only the PSLO.

In many instances, the number of hours of paid sick leave available to an employee under the PSLO is greater than the number of hours available under state law. For example, the state law allows an employer to provide the employee at the beginning of each year with only 24 hours or three days of paid sick leave for the year. Under the PSLO, the employer must provide one hour for every 30 hours worked up to a cap of 40 hours for employers with fewer than 10 employees. For employers with 10 or more employees, the cap is 72 hours. 

The Proposal: Proposition ___ would amend the PSLO to parallel broader state law provisions so that, with some exceptions, an employer who complies with the PSLO would also comply with state law.

Proposition ___ would add provisions to the PSLO consistent with broader state law so that

• employees would begin to accrue paid sick leave under the PSLO on the first day of employment;

• employees who leave a job and are rehired by the same employer within a year would have their unused PSLO sick leave reinstated.

An employee could use paid sick leave for the broader purposes authorized by state law. Specifically, in addition to current uses

• an employee could use PSLO paid sick leave for legal or other purposes when the employee is a victim of domestic violence, stalking or sexual assault;

• employees could use PSLO paid sick leave to care for a biological, adoptive or foster parent, step-parent, or guardian of their spouse or registered partner, or the employee’s guardian when the employee was a minor.

Under Proposition ___, if an employer provides an employee with three days of paid sick leave at the beginning of the year under state law, those three days would be treated as an “advance” on paid sick leave not yet accrued under the PSLO.

Proposition ___would also authorize the Board of Supervisors to amend the PSLO to adopt provisions parallel to state or federal law in order to provide broader protections or coverage to employees.

Impartial analysis / Proposal

http://sfgov.org/elections/sites/default/files/Documents/candidates/Paid%20Sick%20Leave%20Ordinance%20Amendments%20Legislative%20Digest.pdf

Financial effect

Office of the Controller

Should the proposed ordinance be approved by the voters, in my opinion, it would not affect the cost of government. 

The proposed ordinance would align the City’s paid sick leave ordinance passed by the voters in November 2006 with current California Labor Code requirements. Existing protections and benefits for employees provided under the City’s current ordinance are not materially affected and in some cases, such as in the authorized use of sick leave, the law would become more flexible. Since 2015 the City’s Office of Labor Standards Enforcement has provided guidance and materials for San Francisco employers to assist with compliance with both the local and state requirements.

In addition the proposed ordinance would allow the Board of Supervisors to amend the City’s laws in this area to conform to any future changes in State law.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

Yes on E: Better Paid Sick Leave

In 2006, San Francisco was first in the nation to ensure employees could earn paid sick days when voters passed the measure into law. In 2014, California's Legislature passed a measure that contains different provisions. With Prop E San Francisco will adopt the stronger parts of each to ensure workers have access to paid sick days and streamline requirements, making it easier for small businesses to comply.

Start earning sick leave from the first day on the job.State law begins accrual on the first day of employment, while local law begins at the 91st day. Proposition E guarantees workers begin accruing sick days on their first day on the job.

Simplify employer posting requirements and worker notification.

This proposal requires the City to provide businesses with a single poster, combining notice requirements of state and local laws, pending approval by the state. It also provides workers notice of their sick leave balances on the wage statement they already receive.

Expand uses of sick leave to include domestic violence, sexual assault and stalking.

State law expands situations when sick leave could be used to include circumstances related to domestic violence, sexual assault and/or stalking. This ordinance ensures local law also includes these provisions.

Ensure timely payment of sick leave.

This proposal requires employers pay employees for any usage of sick days no later than the next paycheck after the leave was taken.

For better sick leave, vote Yes on E.

Mayor Ed Lee

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