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Overview of Paid Sick Time Laws in the United States:
San Diego
Updated on October 13, 2020
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| San Diego | |
| Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers. | Workers who, in at least one calendar week of the year, perform at least 2 hours of work within San Diego are covered. Independent contractors, certain workers authorized under State law to be paid less than the minimum wage, certain providers of in-home supportive services under State law, workers employed under a publicly subsidized summer or short-term youth employment program, or any student employee, camp or program counselor of an organized camp under State law are exempted. |
| Can sick time be used to care for loved ones? | Yes: children; parents; grandchildren; grandparents; spouses; registered domestic partners (registered under state/local law or with the internal registry of at least one partner’s employer); parents of a spouse or registered domestic partner; and siblings. |
| How is “child” defined? | Biological, adopted, or foster child; stepchild; child of a registered domestic partner; legal ward; or the child of a worker standing in loco parentis to the child. |
| Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? | Yes, when the worker or the worker’s family member is the victim. |
| Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. | No |
| Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? | Yes. |
| Rate at which workers earn paid sick time? | 1 hour for every 30 hours worked |
| Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? | No |
| Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) | Employers may cap the amount of paid sick time a worker earns at 80 hours. Employers may also cap the amount of paid sick time a worker can use each year at 40 hours. |
| When do workers begin to earn paid sick time? | At the commencement of employment, but workers aren’t entitled to use paid sick time until 90 calendar days following the commencement of employment. |
| Does unused sick time carry forward to the subsequent year? | Workers are entitled to carry forward unused paid sick time. An employer may satisfy the law's carry-over provisions if the employer provides a worker with at least 40 hours of paid sick time at the beginning of each benefit year, regardless of whether the employee is full-time, part-time, or temporary. |
| Private Right of Action to go to Court? | Yes |
| Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? | No specific language regarding waivers or exemptions for workers covered by a CBA. |
| What Agency or Official Enforces the Law? | San Diego’s Office of the City Treasurer (although the Mayor may designate another office/department under the Mayor’s authority) |
| For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? | N/A |
| Statutory Citation(s) | San Diego Code § 39.0101 et seq. |
| Additional Notes | For more information about San Diego's sick time law, see https://www.sandiego.gov/treasurer/minimum-wage-program. |
