April 07, 2017
This Legislative Update is a reminder that May 1, 2017 is the deadline for employers subject to San Francisco's Health Care Security Ordinance (HCSO) and those covered by San Francisco's Fair Chance Ordinance to file an annual report (2016 Employer Annual Reporting Form) to substantiate compliance with these ordinances for 2016.
The 2016 Employer Annual Reporting Form includes a section for those employers subject to San Francisco's Fair Chance Ordinance. Thus, all employers covered by either the Fair Chance Ordinance or the HCSO will use the 2016 Employer Annual Reporting Form (available at https://etaxstatement.sfgov.org/olse/ ) to satisfy these reporting requirements.
In addition, the 2016 Employer Annual Reporting Form includes a survey that must be completed regarding compliance with the Paid Parental Leave for Bonding with New Child Ordinance, San Francisco's paid parental leave ordinance, a new law that took effect on January 1, 2017 for employers with 50 or more employees, with phased-in effective dates of July 1, 2017 for employers with 35 or more employees, and January 1, 2018 for employers with 20 or more employees. Government employers are exempt.
Covered employers who fail to submit the 2016 Employer Annual Reporting Form can be subject to a penalty of $500 per quarter.
Employers are covered by the HCSO during 2016, and thus subject to the 2016 annual reporting requirement, if they satisfy all of the following three requirements:
The following employers are not covered by the HCSO:
Employers who were not covered by the HCSO in any quarter of 2016 are not required to complete the 2016 Employer Annual Reporting Form. They do not need to notify the City that they were not covered; no further action is required.
The Fair Chance Ordinance is codified in Article 49 of the San Francisco Police Code and Chapter 12T of the San Francisco Administrative Code, and applies to employers in the City and County of San Francisco with 20 or more employees worldwide, as well as City contractors, and housing providers. The ordinance specifically requires covered employers to review an individual's qualifications before inquiring about that person's arrest and conviction record(s) and related information, as well as require that they limit the use of criminal history information and follow certain procedures and restrictions when inquiring about and using that information.
The Paid Parental Leave Ordinance requires covered employers to provide supplemental compensation to employees who are receiving California Paid Family Leave benefits to bond with a new child, so that the employees receive up to 100% of their normal weekly wages during 6 weeks of parental leave. In general, to receive this supplemental compensation, employees must have been employed by their covered employer for at least 180 days before the start of the California Paid Family Leave benefit payment period, worked at least 8 hours per week, of which at least 40% of an employee's weekly hours must be for work performed in San Francisco, and applied for and received California Paid Family Leave benefits from the State Employment Development Department.
Helpful information regarding these ordinances can be obtained by accessing the following links:
For additional information, please contact your Burnham Benefits Consultant or Burnham Benefits at 949-833-2983 or firstname.lastname@example.org.
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