Tag: sick leave

San Francisco Passes Measure Requiring Sick Leave for Domestic Workers San Francisco's Board of Supervisors recently passed first of its kind legislation that provides all domestic workers with "portable" paid sick leave. This new city ordinance dubbed "Domestic Workers' Equal Access to Paid Sick Leave" will establish a paid sick leave benefit that will permit individuals that work across multiple households with benefits that are consolidated and follow them between jobs. For employers of domestic workers, this will require some additional paperwork. The ordinance will require both the hiring entity as well as the domestic worker to report the number of hours that the employee has worked as well as their rate of pay to the new "paid sick leave system." The right to receive sick leave funds will then accrue in hour-unit increments, which will be transferred to the hiring entity once the employee requests the benefits. The hiring entity will also be required to handle all tax reporting and withholding obligations upon transfer of the funds. Employees will receive a minimum of one hour of paid sick leave at their regular rate per every 30 hours of work. The new paid sick leave will apply to all domestic workers within the city, which will include all individuals that are either directly employed by or contracting to provide labor or services within a residence by a hiring entity. These services include: Providing childcare, companionship, or other non-medical services for disabled, sick, or senior individuals Providing services including cleaning, butler or serving services, cooking, gardening, or personal organizing Performing any other personal or domestic services in-home Additionally, a domestic worker will include any individuals who reside in the home of a hiring entity as a part of the employment agreement. A hiring entity is defined in the California Labor Code Section 18 as including any executives or corporate officers that either directly or indirectly hire, employers, or contracts with a domestic worker. This may be through a staffing agency, temporary services provider, through an agent, or independently. This program will be administered by the San Francisco Office of Economic and Workforce Development, which will also be responsible for establishing an app that will allow the benefits to be tracked and applied by workers. Employer Takeaways This new ordinance is expected to take effect sometime in 2022; however, before it does, it will require a second vote by the Board of Supervisors and then a signature from the city's Mayor. If it passes these hurdles, employers of domestic workers would be advised to consult with employment counsel to ensure they become compliant with the ordinance before it goes into effect. Stay updated on new ordinances like this by reading up on fair chance hiring practices. Learn more by downloading our free resource on Adverse Action Notice Protocols in Compliance With FCRA. STAY COMPLIANT WITH YOUR BACKGROUND CHECKS

Tag: sick leave

San Francisco Passes Measure Requiring Sick Leave for Domestic Workers

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