Compliance / San Francisco

SF Paid Sick Leave Ordinance

All SF employees accrue 1 hour per 30 worked, up to 72 hours/year (40 for small employers). Broad family-member definition.

What it is

San Francisco was the first U.S. city to mandate paid sick leave (2007). The Paid Sick Leave Ordinance covers every employee in San Francisco — regardless of full-time/part-time/temp status, immigration status, or how long they've worked. It also has the broadest family-member definition in the country: 'designated person' can be anyone the employee selects annually.

Who it applies to

All employees who perform work in San Francisco, including out-of-state workers temporarily in SF for events or pop-ups. Covers full-time, part-time, temporary, and seasonal. Independent contractors are not covered (but misclassification is heavily enforced).

What compliance looks like

  1. Accrual rate. 1 hour of paid sick leave per 30 hours worked, beginning on day 1.
  2. Caps. Up to 72 hours/year for employers with 10+ employees. Up to 40 hours/year for employers with fewer than 10. Unused leave carries over but can't exceed those caps.
  3. Usage. Allowed for the employee's own illness, illness of a family member (including domestic partner, child, parent, sibling, grandchild, grandparent), or one annually-designated person (called 'designated person' — a friend, neighbor, anyone).
  4. Notice. Employer can require up to 7 days advance for foreseeable absences. For unforeseen, no advance notice required.
  5. Posting. Post the official SF notice in English + Spanish + Chinese + Tagalog in the workplace.
  6. Records. Keep 4 years of accrual + usage records.
  7. Front-loading. Allowed instead of accrual — grant the full annual amount on day 1 of the benefit year.
  8. Cash-out at separation. Not required, but if your policy doesn't carry over unused leave, you must cash it out.

Penalties for non-compliance

Failure to provide accrued sick leave: 3× the amount owed + administrative penalty.
Failure to post notice: $500 per occurrence.
Retaliation: full reinstatement + back pay + $1,000 minimum statutory damages.
Failure to keep required records: $500 per missing record category.

SF OLSE actively investigates complaints. Settlement amounts are often modest individually but class action exposure can run into 6 figures for mid-sized restaurants.

How Panko helps

Panko tracks SF OLSE bulletins and rule interpretations. The 'designated person' rule has been clarified twice since the law took effect — Pro members got a push within hours each time. Our SF Pro Tips also flag enforcement waves (OLSE periodically focuses on specific industries; restaurants were the focus in early 2025).

Sources

Citizen, but for restaurants

Pro members get a push the moment this rule changes — new rate, new guidance, new court ruling. Plus city-specific Pro Tips that flag the compliance windows that matter for your operation.

Pro — $4.99/moMore San Francisco topics

Panko Alerts publishes this as compliance reference, not legal advice. Laws change. Penalties listed are statutory maximums — actual enforcement varies. Consult an employment lawyer or your state DOL before acting on edge cases.