by Marti Cardi, Esq. - Senior Compliance Consultant and Legal Counsel
November 23, 2016
Late on Friday, November 18, the San Francisco Office of Labor Standards Enforcement (OLSE) posted draft Rules to support the Paid Parental Leave ordinance (SF PPL) effective January 1, 2017.
OLSE is taking comments on the proposed Rules until 5:00 p.m. PST Friday, December 2, 2016, and will hold a public hearing on December 2. Details and copies of the ordinance, an amendment, and the draft Rules are available on the OLSE website: http://sfgov.org/olse/paid-parental-leave-ordinance. We at Matrix will be listening for further developments.
Here are a few of the highlights from the draft Rules:
- An explanation of how prior employment with a covered employer counts toward the 180-day eligibility requirement (Rule 1)
- How to count employees to determine whether the employer is a “covered employer” (it can be complicated!) (Rule 2)
- How to calculate an employee’s SF PPL entitlement when the employee becomes eligible during a parental leave (Rule 3)
- The relationship between CA PFL and SF PPL, and what documents or information the employer can require to ascertain the employee’s CA PFL coverage (Rules 4 and 5)
- SF PPL calculation for tipped employees (Rule 6)
- Ability to use SF PPL intermittently, and how to calculate the employee’s intermittent pay benefit (Rule 7)
- Employer appeal and hearing procedures (Rule 8)
- Forms and the notice required by the ordinance are mentioned in the proposed Rules but are not yet available.
- There is no explanation of the interaction or overlap in the employer’s ability to require employees to use 2 weeks of vacation pay for CA PFL and/or SF PPL purposes.
- Can the employer apply accrued but unused PTO toward PPL obligation – or only time off designated as “vacation” as stated in the ordinance?
- What is the statute of limitations for employee to bring a civil action against employer for PPL violations?
- If an employee is continuing health and other benefits during parental leave, can the employer withhold the employee’s share of premium payments from the PPL Supplemental Compensation? How about other voluntary deductions authorized by the employee (e.g., 401(k), loan repayment, voluntary life insurance buy-up . . . )?
As a refresher, the SF PPL is available for leave taken to bond with a new child. It applies to employers with total employees in any location as follows (Covered Employers):
- 50 or more employees: January 1, 2017
- 35 or more employees: July 1, 2017
- 20 or more employees: January 1, 2018
Eligible employees must meet 5 eligibility requirements:
- Work for a Covered Employer
- Has worked for the employer for at least 180 days prior to start of leave
- Works at least 8 hours per week within San Francisco
- Works at least 40% of employee’s total hours within San Francisco
- Is eligible for and receiving paid family leave from California for bonding
The employer’s obligation is to top off paid family leave benefits the employee is receiving from the state of California to 100% of the employee’s regular compensation, subject to a cap. The benefit is paid fully by the employer with no contribution or payroll deduction from employees.
More details about the SF PPL ordinance are available in our prior blog post here.
UPDATE (January 23, 2017)
The City of San Francisco has finalized the Paid Parental Leave ordinance, rules, and related documents. Here is the PPL website, where you can access the documents described below.
- Paid Parental Leave Ordinance, as passed on April 12, 2016.
- Technical amendment to the Paid Parental Leave Ordinance passed on September 6, 2016.
- Paid Parental Leave Ordinance Poster – Covered Employers must post the required Paid Parental Leave Ordinance Poster at every work place and job site. The poster should be printed on 8.5″ x 14″ paper.
- SF Paid Parental Leave Ordinance Rules– Rules Implementing the Paid Parental Leave Ordinance on December 23, 2016 (with a technical amendment December 29, 2016).
- SF Paid Parental Leave Form – posted December 23, 2016. Covered Employers must provide the SF Paid Parental Leave Form to employees in San Francisco, and employees must complete the form to receive Supplemental Compensation.
- Calculation Instructions– Step-by-step instructions on calculating the amount of Supplemental Compensation a Covered Employer must pay to a Covered Employee. Several different pay scenarios are included.
MATRIX CAN HELP! Matrix Absence Management provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. At Matrix we monitor the many state and municipal family and sick leave laws being passed around the country and specialize in understanding how they work together. For leave management and accommodation assistance, contact us at [email protected].