Implementing Ordinance Making Favorable Changes to San Diego’s Sick Pay Law Will Take Effect Septemb

As expected, Mayor Kevin Faulconer approved the Implementing Ordinance previously approved by the San Diego City Council. The Implementing Ordinance, which makes many favorable changes to San Diego’s Earned Sick Leave and Minimum Wage Ordinance (the “Ordinance”), will take effect on September 2, 2016. As detailed in our July 13 update, when effective, the Implementing Ordinance will:

• Allow employers to comply with the sick pay law by depositing or “front-loading” employees with 40 hours of sick pay at the beginning of each benefit year.

• Allow employers using the accrual method to cap sick pay accrual at 80 hours.

• Allow employers to satisfy the sick pay requirements through other paid time off or vacation policies, provided that they offer employees at least 40 hours of paid time off each year for the same purposes and under the same conditions as the Ordinance.

• Modify the dates on which employers must make required notices and postings.

• Clarify the Ordinance’s enforcement process and penalties.

Additional information regarding the Implementing Ordinance, including template notices and postings, can be found at https://www.sandiego.gov/treasurer/minimum-wage-program. For questions and/or compliance advice, please contact Brenda Kasper or Lisa Frank.