Mayor London Breed announced the Workers and Families First Program (Program) to provide paid sick leave for private sector workers impacted by coronavirus (COVID-19). The plan provides that the city of San Francisco (City) will set aside $10 million in public funding for businesses and nonprofits to provide up to five days of sick leave pay beyond any existing policies currently offered to their workers. The program is available pursuant to San Francisco’s Paid Sick Leave Ordinance (PSLO) and the guidance issued by San Francisco’s Office of Labor Standards Enforcement (OLSE). The Office of Economic and Workforce Development and the Human Services Agency will jointly administer the program.
Which Employers are Eligible for the Program?
All San Francisco businesses are eligible. The City has provided that 20% of funds are reserved for small businesses with 50 or fewer employees.
What are the Requirements?
The Program will be available for employees to utilize when they take leave pursuant to San Francisco’s PSLO, which states that employees are eligible when they are:
- Self-quarantined to prevent spread;
- Caring for a sick family member;
- Home because of a temporary work closure in response to a public official’s recommendation; or
- Caring for a child who is home because of school/daycare closures in response to a public official’s recommendation.
The City will provide financial assistance through the Program only if:
1) the employee has exhausted their currently available sick leave;
2) the employee is not eligible for (or has exhausted) federal or state supplemental sick leave, and
3) the employer agrees to extend sick leave beyond their existing benefits and policies. Absent further clarification by the City, this indicates that financial assistance from the Program will only be available if employers agree to extend the amount of days available under their existing sick leave policies in response to COVID-19.
What Funding will the Program Provide?
The City will contribute up to one week (40 hours) at the city’s minimum wage of $15.59 per hour per employee, or $623 per employee. The employer will be responsible for paying the difference between the minimum wage and an employee’s hourly wage. No cap on the required difference in pay has been announced at this time and we are awaiting further guidance on the employer responsibility under the Program.
How can Employers Apply to the Program?
The City has indicated that applications for the Program will be made available to employers here later this week. Further information on the application process is anticipated.
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