Know Your Rights: Paid Sick Days in Oakland, San Francisco, and San Jose

Recently the federal, state, and Oakland governments all passed laws providing paid sick leave during COVID-19. We know it’s getting complicated, so here are a few FAQs on your right to paid sick leave if you work in the Oakland.

How much paid sick leave must an employer provide in Oakland?

There are three different types of paid sick leave in Oakland you should know about: Oakland permanent paid sick leave, Oakland COVID-19 supplemental paid sick leave, and federal COVID-19 paid sick leave. Your employer must provide you with at least 1 hour of permanent paid sick leave for every 30 hours worked. For example, once you’ve worked for 30 hours, you will have accrued 1 hour of paid sick time. Once you’ve worked for 60 hours, you will have accrued 2 hours of paid sick time. In addition to these hours, your employers may be required to provide an additional 80 hours (10 days) of sick leave to address COVID-19 sickness, either under local law or federal law.

How many hours can I accrue in one year?

If your employer has fewer than 10 employees, they must allow you to accrue at least 40 hours (5 days) each year. If your employer has 10 or more employees, they must allow you to accrue at least 72 hours (9 days) each year. Your employer can allow you to accrue more than 40 or72 hours, depending on its size, but not less. If you do not use your accrued hours at the end of the year, they will carry over from year to year.

Do all workers in Oakland have paid sick leave?

For permanent paid sick leave (1 hour for every 30 hours worked), you are eligible if:

• You work in the City of Oakland
• You’ve worked with your employer for 90 days

For COVID-19 supplemental paid sick leave (80 hours), you are eligible if:

            Oakland Supplemental COVID-19 paid sick leave

• You work in the City of Oakland
• You’ve worked with your employer from February 3-March 4, 2020
• Your employer has more than 500 employees nationally

OR

Federal Supplemental COVID-19 paid sick leave (Families First Coronavirus Response Act)

• Your employer has fewer than 500 employees nationally

Are there any businesses that don’t have to provide their workers with paid sick leave?

For permanent paid sick leave (1 hour for every 30 hours worked), no.

For both Oakland COVID-19 supplemental paid sick leave (80 hours) and federal COVID-19 supplemental paid sick leave (80 hours), the industries that are exempt from providing paid sick leave are:

• Healthcare workers
• Emergency responders

Here’s a summary: For most workers in Oakland, you will receive 1 hour of permanent paid sick leave for every 30 hours worked + 80 hours (10 days) of COVID-19 supplemental sick leave. If you work in health care or as an emergency responder, you may only receive 1 hour of permanent paid sick leave for every 30 hours worked.

For what purpose can I take paid sick leave?

You can use your permanent paid sick leave (1 hour for every 30 hours worked) if:

• You’re sick
• You need to care for a sick family member
• You have a doctor’s appointment
• A family member has a doctor’s appointment
• You need to take preventative care
• You’re caring for a family member who needs to take preventative care
• You’re a survivor of domestic violence, sexual assault, or stalking and need to seek a restraining order, attend counseling or medical services, relocate, or otherwise care for yourself or your child(ren).

You can use your COVID-19 supplemental sick leave (80 hours) if:

• You’re sick with COVID-19 or experiencing symptoms associated with COVID-19
• You are 65+ years old
• You have a health condition that makes you more vulnerable to COVID-19, such as heart disease, asthma, lung disease, diabetes, kidney disease, or a compromised immune system
• Your healthcare provider tells you to stay home to stop the spread of COVID-19
• You need to care for someone who has to stay home due to COVID-19
• You need to care for a child whose school has closed or normal care is unavailable

Who counts as “family member”?

For permanent paid sick leave (24 hours), you can take time off to care for a sick family member. A family member is a child, parent, sibling, grandparent, grandchild, spouse, or domestic partner. You do not need to be biologically related to your family member. You may be related to your family member from adoption, step-relationships, and foster care relationships. If you do not have a spouse or registered domestic partner, you may designate one person for whom you may use paid sick leave to provide aid or care. The designated person must be on file with your employer before you use paid sick leave to care for this person.

For COVID-19 supplemental sick leave (80 hours), you can take time off to care for anyone who must stay home due to COVID-19 or school closures.

Do undocumented workers receive paid sick leave?

Yes. Immigration status is not a barrier to receiving paid sick leave.

Will I still get paid when I take a paid sick day?

Yes. The amount depends on the purpose of your leave. Generally, you will receive 100% of your salary, with a maximum of $511/day. Your employer will pay you directly. You do not need to apply for payment with a government agency. 

Can I use a sick day if I’ve been laid off?

No. You can only use paid sick days to get pay during days that you would otherwise be working. However, if you were laid off after May 12, 2020, your employer must pay out all of your previously accrued and unused permanent paid sick leave hours.

Can my employer require a doctor’s note?

For permanent paid sick leave (1 hour for every 30 hours worked), your employer can require a doctor’s note if you take 3 sick days in a row.

For COVID-19 supplemental paid sick leave (80 hours), your employer cannot require a doctor’s note.

Can my employer give me fewer hours, reduce my pay, or otherwise retaliate against me for taking paid sick leave?

NO. It is illegal for your employer to retaliate against you for taking paid sick leave.

How can I request a sick day?

You can request a paid sick day verbally or in writing. If you request a paid sick day verbally, it can be helpful to send your employer a text, email, or note confirming your request.

Who can I contact if my employer refuses to provide me with paid sick leave or has retaliated against me for taking paid sick leave?

If you are being denied paid sick days, you can file a complaint with a government agency.

For federal COVID-19 supplemental sick leave, you can file a complaint with the U.S. Department of Labor: https://www.dol.gov/agencies/whd/contact/complaints.

For state permanent paid sick leave, you can file a complaint with the California Department of Labor: https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm.

For Oakland permanent paid sick leave and COVID-19 supplemental sick leave, you can file a complaint with the City of Oakland: https://www.oaklandca.gov/services/file-complaint-minimum-wage-paid-leave-service-charge.

If you would like legal assistance regarding your employment rights and options, you can contact Legal Aid at Work at 800-880-8047 or ACLU NorCal.

Recently the federal, state, and San Francisco governments all passed laws providing paid sick leave during COVID-19. We know it’s getting complicated, so here are a few FAQs on your right to paid sick leave if you work in San Francisco.

How much paid sick leave must an employer provide in San Francisco?

There are three different types of paid sick leave in San Francisco you should know about: San Francisco permanent paid sick leave, San Francisco COVID-19 supplemental paid sick leave, and federal COVID-19 paid sick leave. Your employer must provide you with at least 1 hour of permanent paid sick leave for every 30 hours worked. For example, once you’ve worked for 30 hours, you will have accrued 1 hour of paid sick time. Once you’ve worked for 60 hours, you will have accrued 2 hours of paid sick time. In addition, your employers may be required to provide an additional 80 hours (10 days) of sick leave to address COVID-19 sickness, either under local law or federal law.

How many hours can I accrue in one year?

If your employer has fewer than 10 employees, they must allow you to accrue at least 40 hours (5 days) each year. If your employer has 10 or more employees, they must allow you to accrue at least 72 hours (9 days) each year. Your employer can allow you to accrue more than 40 or 72 hours, depending on their size, but not less. If you do not use your accrued hours at the end of the year, the hours will carry over from year to year.

I started my job recently and haven’t accrued enough hours to take sick time, but I feel sick. Can I take sick days, or do I need to wait until my sick time has accrued?

You can take sick days up-front, before you’ve accrued the hours. But – the hours you take will be deducted as you accrue them. For example, if you take 5 hours of sick leave before you’ve accrued it, 5 hours will be subtracted from your sick leave bank once it’s accrued.

Do all workers in San Francisco have paid sick leave?

For permanent paid sick leave (1 hour for every 30 hours of work), you are eligible if:

• You work in the City of San Francisco
• You’ve worked with your employer for 90 days

For COVID-19 supplemental paid sick leave (80 hours), you are eligible if:

            San Francisco Supplemental COVID-19 paid sick leave

• You work in the City or County of San Francisco
• You started working for your employer on or before February 25, 2020 (If you were hired after February 25, you are entitled to the number of hours that you worked on average over a two-week period)
• Your employer has more than 500 employees worldwide

OR

Federal Supplemental COVID-19 paid sick leave (Families First Coronavirus Response Act)

• Your employer has fewer than 500 employees nationally

Are there any businesses that don’t have to provide their workers with paid sick leave?

For permanent paid sick leave (1 hour for every 30 hours of work), no.

For San Francisco COVID-19 supplemental paid sick leave (80 hours), there are a few industries that are only required to provide supplemental leave when their employees are sick from COVID-19 or advised by a doctor to self-quarantine:

• Healthcare workers
• Emergency responders

For Federal COVID-19 supplement paid sick leave (80 hours), the industries that don’t have to provide paid sick leave are:

• Healthcare workers
• Emergency responders

Here’s a summary: For most workers in San Francisco, you will receive 1 hour of permanent paid sick leave for every 30 hours worked + 80 hours (10 days) of COVID-19 supplemental sick leave. If you work in health care or as an emergency responder, you may only receive 40 hours (5 days) or 72 hours (9 days), depending on employer size, of permanent paid sick leave.

For what purpose can I take paid sick leave?

You can use your permanent paid sick leave (1 hour for every 30 hours worked) if:

• You’re sick
• You need to care for a sick family member
• You have a doctor’s appointment
• A family member has a doctor’s appointment
• You need to take preventative care
• You’re caring for a family member who needs to take preventative care
• You’re a survivor of domestic violence, sexual assault, or stalking and need to seek a restraining order, attend counseling or medical services, relocate, or otherwise care for yourself or your child(ren).

You can use your COVID-19 supplemental sick leave (80 hours) if:

• You’re sick with COVID-19 or experiencing symptoms associated with COVID-19
• You are 60+ years old
• You have a health condition that makes you more vulnerable to COVID-19, such as heart disease, lung disease, diabetes, kidney disease, or a compromised immune system
• You are pregnant or were pregnant within the past 2 weeks
• Your healthcare provider tells you to stay home to stop the spread of COVID-19
• You need to care for a family member who has to stay home
• You need to care for a child whose school has closed or normal care is unavailable

Who counts as “family member”?

A family member is a child, parent, sibling, grandparent, grandchild, spouse, or domestic partner. You do not need to be biologically related to your family member. You may be related to your family member from adoption, step-relationships, and foster care relationships. If you do not have a spouse or registered domestic partner, you may designate one person for whom you may use paid sick leave to provide aid or care.

Do undocumented workers receive paid sick leave?

Yes. Immigration status is not a barrier to receiving paid sick leave.

Will I still get paid when I take a paid sick day?

Yes. The amount depends on the purpose of your leave. Generally, you will receive 100% of your salary, with a maximum of $511/day.  Your employer will pay you directly. You do not need to apply for payment with a government agency.  However, if you are receiving paid sick days under the federal COVID-19 Paid Sick Days law and are taking leave to care for a child or a sick family member, you will only receive 2/3 your normal pay up to $200/day.

Can I use a sick day if I’ve been laid off?

No. You can only use paid sick days to get pay during days that you would otherwise be working. However, you may still use paid sick days if your workplace is temporarily closed due to a public health order.

Can my employer require a doctor’s note?

For permanent paid sick leave (1 hour for every 30 hours worked), your employer can require a doctor’s note if you take 3 sick days in a row.

For COVID-19 supplemental paid sick leave (80 hours), your employer cannot require a doctor’s note.

Can my employer give me fewer hours, reduce my pay, or otherwise retaliate against me for taking paid sick leave?

NO. It is illegal for your employer to retaliate against you for taking paid sick leave.

How can I request a sick day?

You can request a paid sick day verbally or in writing. If you request a paid sick day verbally, it can be helpful to send your employer a text, email, or note confirming your request.

Who can I contact if my employer refuses to provide me with paid sick leave or has retaliated against me for taking paid sick leave?

If you are being denied paid sick days, you can file a complaint with a government agency.

For federal COVID-19 supplemental sick leave, you can file a complaint with the U.S. Department of Labor: https://www.dol.gov/agencies/whd/contact/complaints.

For state permanent paid sick leave, you can file a complaint with the California Department of Labor: https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm.

For San Francisco, permanent paid sick leave and COVID-19 supplemental sick leave, you can file a complaint with the City of San Francisco: https://sfgov.org/olse/paid-sick-leave-ordinance-pslo#File%20Complaint.

If you would like legal assistance regarding your employment rights and options, you can contact Legal Aid at Work at 800-880-8047 or ACLU NorCal.

Recently the federal, state, and San Jose governments all passed laws providing paid sick leave during COVID-19. We know it’s getting complicated, so here are a few FAQs on your right to paid sick leave if you work in San Jose.

How much paid sick leave must an employer provide in San Jose?

There are three different types of paid sick leave in San Jose you should know about: California permanent paid sick leave, San Jose COVID-19 supplemental paid sick leave, and federal COVID-19 paid sick leave. Your employer must provide you with 24 hours (3 days) of permanent paid sick leave every year. In addition to these 24 hours (3 days), your employer may be required to provide an additional 80 hours (10 days) of sick leave to address COVID-19 sickness, either under local law or federal law.

Do all workers in San Jose have paid sick leave?

For permanent paid sick leave (24 hours), you are eligible if:

• You’ve worked with your employer for 90 days

For COVID-19 supplemental paid sick leave (80 hours), you are eligible if:

            San Jose Supplemental COVID-19 paid sick leave

• You work in the City of San Jose
• You are required to leave your home to go to work
• Your employer does not already provide a combination of paid leave (paid time off, vacation days, sick days) totaling 80 hours
• Your employer has more than 500 employees nationally

OR

Federal Supplemental COVID-19 paid sick leave (Families First Coronavirus Response Act)

• Your employer has fewer than 500 employees nationally

Are there any businesses that don’t have to provide their workers with paid sick leave?

For permanent paid sick leave (24 hours), no.

For San Jose COVID-19 supplemental paid sick leave (80 hours), employers that already provide 80 hours or more of paid leave are not required to provide additional paid sick leave. This includes paid time off, vacation days, and sick days. For example, if your employer provides you with 100 hours of vacation days/year, then you would not be eligible for the supplemental paid sick leave.

For Federal COVID-19 supplement paid sick leave (80 hours), the industries that don’t have to provide paid sick leave are:

• Healthcare workers
• Emergency responders

Here’s a summary: Most workers in San Jose will receive 10 days (80 hours) of paid sick leave, except for those who work for an employer with more than 500 employees and already receive 80 hours of paid leave.

For what purpose can I take paid sick leave?

You can use your permanent paid sick leave (24 hours) if:

• You’re sick
• You need to care for a sick family member
• You have a doctor’s appointment
• A family member has a doctor’s appointment
• You need to take preventative care
• You’re caring for a family member who needs to take preventative care
• You’re a survivor of domestic violence, sexual assault, or stalking and need to seek a restraining order, attend counseling or medical services, relocate, or otherwise care for yourself or your child(ren).

You can use your COVID-19 supplemental sick leave (80 hours) if:

• You’re sick with COVID-19 or experiencing symptoms associated with COVID-19
• Your healthcare provider tells you to stay home to stop the spread of COVID-19
• You need to care for someone who has to stay home due to COVID-19
• You need to care for a child whose school or daycare has closed

Who counts as “family member”?

For permanent paid sick leave (24 hours), you can take time off to care for a sick family member. A family member is a child, parent, sibling, grandparent, grandchild, spouse, or domestic partner. You do not need to be biologically related to your family member. You may be related to your family member from adoption, step-relationships, and foster care relationships.

For COVID-19 supplemental sick leave (80 hours), you can take time off to care for anyone who must stay home due to COVID-19 or school closures.

Do undocumented workers receive paid sick leave?

Yes. Immigration status is not a barrier to receiving paid sick leave.

Will I still get paid when I take a paid sick day?

Yes. The amount depends on the purpose of your leave. Generally, you will receive 100% of your salary, with a maximum of $511/day. Your employer will pay you directly. You do not need to apply for payment with a government agency. However, if you are receiving paid sick days under the federal COVID-19 Paid Sick Days law and are taking leave to care for a child or a sick family member, you will only receive 2/3 your normal pay up to $200/day.

Can I use a sick day if I’ve been laid off?

No. You can only use paid sick days to get pay during days that you would otherwise be working.

Can my employer require a doctor’s note?

For permanent paid sick leave (24 hours), your employer can require a doctor’s note if you take 3 sick days in a row.

For COVID-19 supplemental paid sick leave (80 hours), your employer may ask you to provide a doctor’s note.

Can my employer give me fewer hours, reduce my pay, or otherwise retaliate against me for taking paid sick leave?

NO. It is illegal for your employer to retaliate against you for taking paid sick leave.

How can I request a sick day?

You can request a paid sick day verbally or in writing. If you request a paid sick day verbally, it can be helpful to send your employer a text, email, or note confirming your request.

Who can I contact if my employer refuses to provide me with paid sick leave or has retaliated against me for taking paid sick leave?

If you are being denied paid sick days, you can file a complaint with a government agency.

For federal COVID-19 supplemental sick leave, you can file a complaint with the U.S. Department of Labor: https://www.dol.gov/agencies/whd/contact/complaints.

For state permanent paid sick leave, you can file a complaint with the California Department of Labor: https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm.

For San Jose COVID-19 supplemental sick leave, you can file a complaint with the City of San Jose: https://sfgov.org/olse/paid-sick-leave-ordinance-pslo#File%20Complaint.

If you would like legal assistance regarding your employment rights and options, you can contact Legal Aid at Work at 800-880-8047.