1. Employees who have accrued Paid Sick Leave under current California law prior to October 1, 2017 shall continue to accrue and use such Paid Sick Leave consistent with current California law. Employees who have not accrued Paid Sick Leave under current California law by October 1, 2017 shall begin to accrue Paid Sick Leave on October 1, 2017, or at the commencement of employment with the Employer, whichever is later.

2. For every 30 hours worked after Paid Sick Leave begins to accrue for an Employee, the Employee shall accrue one hour of Paid Sick Leave. Such leave shall accrue only in hour-unit increments; there shall be no accrual of a fraction of an hour of such leave.

3. For Employees of Small Businesses, there shall be a cap of 48 hours of accrued Paid Sick Leave. For Employees of other Employers, there shall be a cap of 72 hours of accrued Paid Sick Leave. Accrued Paid Sick Leave for Employees carries over from year to year (whether calendar year or fiscal year), but shall not exceed the aforementioned caps. Nothing herein precludes an Employer from establishing a higher cap or no cap on the number of accrued hours.

4. If an Employer has a paid leave policy, such as a paid time off policy, vacation, or other paid leave policy that makes available to Employees an amount of paid leave that may be used for the same purposes as Paid Sick Leave under this Chapter and that is sufficient to meet the requirements for accrued Paid Sick Leave as stated in subsections (A) and (B), the Employer is not required to provide additional Paid Sick Leave.

5. An Employer is not required to provide financial or other reimbursement to an Employee upon the Employee’s termination, resignation, retirement, or other separation from employment, for accrued Paid Sick Leave that the Employee has not used.

6. The rate of pay shall be the Employee’s hourly wage. If the Employee in the 90 days of employment before taking accrued sick leave had different hourly pay rates, was paid by commission or piece rate, or was a nonexempt salaried Employee, then the rate of pay shall be calculated by dividing the Employee’s total wages, not including overtime premium pay, by the Employee’s total hours worked in the full pay periods of the prior 90 days of employment.

1. An Employee may begin using Paid Sick Leave 90 calendar days after commencement of employment.

2. An Employee may use Paid Sick Leave not only when they are ill or injured or for the purpose of the Employee’s receiving medical care, treatment, or diagnosis, as specified more fully in California Labor Code § 233(b)(4), but also to aid or care for the following persons when they are ill or injured or receiving medical care, treatment, or diagnosis: child, parent, legal guardian or ward, sibling, grandparent, grandchild, and spouse, registered domestic partner under any state or local law, or designated person. "Child" includes a child of a domestic partner and a child of a person standing in loco parentis. The Employee may use all or any percentage of their Paid Sick Leave to aid or care for the aforementioned persons. The aforementioned child, parent, sibling, grandparent, and grandchild relationships include not only biological relationships but also relationships resulting from adoption; step-relationships; and foster care relationships.

3. If the employee has no spouse or registered domestic partner, the employee may designate one person as to whom the employee may use paid sick leave to aid or care for the person. The opportunity to make such a designation shall be extended to the employee no later than the date on which the employee has worked 30 hours after paid sick leave begins to accrue pursuant to Section 13.100.040.A.2. There shall be a window of 10 work days for the employee to make this designation. Thereafter, the opportunity to make such a designation, including the opportunity to change such a designation previously made, shall be extended to the employee on an annual basis, with a window of 10 work days for the employee to make the designation.

4. An Employer may not require, as a condition of an Employee’s taking Paid Sick Leave, that the Employee search for or find a replacement worker to cover the hours during which the Employee is on Paid Sick Leave.

5. If the need for paid sick leave is foreseeable, the Employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the Employee shall provide notice of the need for the leave as soon as practicable.

6. An Employer may lend paid sick days to an Employee in advance of accrual, at the Employer’s discretion and with proper documentation of Paid Sick Leave lent and accrued.

7. An Employer may only take reasonable measures to verify or document that an Employee’s use of Paid Sick Leave is lawful, and shall not require an Employee to incur expenses in excess of $15 in order to show their eligibility for such Paid Sick Leave.

8. An Employer shall provide payment for sick leave taken by an Employee no later than the payday for the next regular payroll period after the sick leave was taken.

9. No Employer that is not a Small Business may limit the accrual or use of Paid Sick Leave except as specified in this Chapter. A Small Business may limit the use of Paid Sick Leave to 48 hours per calendar year.

10. It shall be unlawful for any Employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this section, including, but not limited to, by using the taking of earned sick time under this section as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination, or otherwise subjecting an Employee to discipline for the use of earned sick time under this section. (Ord. 7505-NS § 2 (part), 2016)