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Paid Parental Leave Ordinance


The Paid Parental Leave for Bonding with New Child Ordinance ("Paid Parental Leave Ordinance" or "PPLO") was passed by the San Francisco Board of Supervisors on April 12, 2016 and signed by Mayor Lee on April 21, 2016. Employer phase in: Employers with 50 or more employees are required to comply beginning on January 1, 2017. Employers with 35 or more employees are required to comply beginning on July 1, 2017. Employers with 20 or more employees are required to comply beginning on January 1, 2018. New: PPLO Webinar slides from September 25, 2017: click here. New: To download an Excel Supplemental Compensation Calculator with instructions: click here. Step-by-Step Guides for the PPLO process: English: Employee's Step-by-Step Guide and Employer's Step-by-Step Guide Chinese: Employee's Step-by-Step Guide and Employer's Step-by-Step Guide Spanish: Employee's Step-by-Step Guide and Employer's Step-by-Step Guide Frequently Asked Questions about the Paid Parental Leave Ordinance updated August 2017. Paid Parental Leave 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 Form (English) - 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 and submit to his or her employer to receive Supplemental Compensation. Spanish Paid Parental Leave Form Chinese Paid Parental Lave Form Calculation Instructions - Step-by-step instructions on calculating the amount of Supplemental Compensation a Covered Employer must pay to a Covered Employee.
Overview
	The Paid Parental Leave Ordinance amends the San Francisco Police Code to require employers to provide supplemental compensation to employees who are receiving California Paid Family Leave for purposes of bonding with a new child. Employer phase in: Employers with 50 or more employees are required to comply beginning on January 1, 2017. Employers with 35 or more employees are required to comply beginning on July 1, 2017. Employers with 20 or more employees are required to comply beginning on January 1, 2018. Covered Employees A “Covered Employee” entitled to Supplemental Compensation under the PPLO is an employee: Who began employment with the Covered Employer at least 180 days prior to the start of the leave period; Who performs at least eight hours of work per week for the employer in San Francisco; At least 40% of whose total weekly hours worked for the employer are in San Francisco; and Who is eligible to receive paid family leave compensation under the California Paid Family Leave law for the purpose of bonding with a new child. Supplemental Compensation During the leave period, Covered Employers are required to provide Supplemental Compensation in an amount such that the California Paid Family Leave compensation plus the Supplemental Compensation equals 100% of the employee’s gross weekly wage. Based on the current 55% wage replacement rate under State law, the ordinance requires employers to pay the remainder of the employee’s weekly wages during the 6-week leave period, up to a cap.¹ In cases where an employee has multiple Covered Employers, the Supplemental Compensation amount is apportioned between or among the Employers based on the percentage of the employee’s total gross weekly wages received from each employer. In cases where an employee works for a Covered Employer and a non-Covered Employer, the Covered Employer is responsible only for its percentage of the employee’s total gross weekly wages. Calculation Instructions - Step-by-step instructions on calculating the amount of Supplemental Compensation a Covered Employer must pay to a Covered Employee. Maximum Weekly Benefit Limitation The California Paid Family Leave (CA PFL) program places a cap on the weekly benefit amount for higher-earning workers. As of January 1, 2017, the State’s “maximum weekly benefit amount” is $1,173, which represents 55% of a person’s weekly wages based on an annual salary of approximately $110,902. Employees who earn more than $110,902 per year therefore do not receive the full 55% of their salary under the State program.¹ The PPLO includes a cap on the total amount of an employee's benefits, and the cap is proportional to the CA PFL maximum weekly benefit amount. Using the 2017 CA PFL benefit cap, an employee's maximum weekly total benefit (from the state and from the employer) would be $2,133.¹ 1.Changing State Law: California Governor Jerry Brown signed legislation on April 11, 2016 that will increase the benefits paid by the California Paid Leave Program for paid leaves beginning on or after January 1, 2018. AB 908 will increase weekly benefits for eligible employees to 60% or in some cases 70% of the employees' weekly wages. Find the the legislation here, and check back soon for more information on how the new state law will affect San Francisco employers.

Statute
	Paid Parental Leave Ordinance - San Francisco Police Code Article 33H SF Paid Parental Leave Rules published December 23, 2016 (technical corrections posted 12/29/2016 and 5/18/2017)
Contact Us
	Please contact our office at pplo@sfgov.org or at (415) 554-4190 with questions regarding the San Francisco Paid Parental Leave Ordinance. Sign up for email notifications about San Francisco labor laws that affect employers with 20 or more employees.