The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

David G. Hoiles, Jr., Samantha S. McPherson & Lauren R. Presser

Jackson Lewis P.C.

On Jan. 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40 hours of sick leave. Several cities in California also have their own paid sick leave ordinances, and employers will need to determine which aspects of state and local ordinances apply to their employees. The City of San Diego’s Office of Labor Standards & Enforcement (OLSE) has issued guidance on complying with state and the City of San Diego’s paid sick leave requirements.

San Diego’s local ordinance already required employers to provide no less than 40 hours of earned sick leave. The OLSE notes other areas where either the San Diego ordinance is silent or the state statute is more generous, in which case the state statute must be followed.

The OLSE notes that while the state statute indicates employees must provide reasonable advance notice for the need for paid sick leave when foreseeable, the San Diego ordinance states that employers cannot require more than seven days’ notice.

***This article originally appeared on the Jackson Lewis’ Disability, Leave & Health Management blog and was reposted on the DMEC website with their permission.***