San Francisco’s Paid Parental Leave Ordinance Eligibility Shortened

San Francisco has finalized amendments to the city’s Paid Parental Leave Ordinance. The most significant change: employees will now qualify for employer-paid parental leave benefits after just 90 days of employment, down from the prior 180-day requirement.

Who Is Covered?

The ordinance applies to employers who regularly employ 20 or more employees anywhere in the world, regardless of where those employees work. A company is a “Covered Employer” if it meets this threshold, and the amended rules will govern leave eligibility for any employee who:

• Works at least eight hours per week within San Francisco’s geographic boundaries.
• Performs at least 40% of their total weekly work hours within the city.
• Qualifies for California Paid Family Leave benefits for purposes of bonding with a new child.

This includes part-time and temporary workers, provided they meet the above criteria.

Sample Policy: Paid Parental Leave Policy Template

Eligibility Window

Under the prior ordinance, employees had to be employed for 180 days before becoming eligible for the supplemental parental leave pay provided by their employer. The amendments to the ordinance reduce that waiting period to 90 days.

The amendments to the ordinance include transition provisions to preserve the 180-day requirement for employers based on size during a limited phase-in period:

• Employers with 100 or more employees: 180-day rule applies through Dec. 31, 2026.
• Employers with 20–99 employees: 180-day rule applies through Dec. 31, 2027.

Once these transition windows close, the 90-day standard applies uniformly to all covered employers.

Overview of Ordinance

San Francisco’s Paid Parental Leave Ordinance works in tandem with California’s state Paid Family Leave program. The state provides partial wage replacement funded through employee payroll contributions; San Francisco requires covered employers to supplement that state benefit so that the employee receives 100% of their regular wages during up to eight weeks of bonding leave. The amendments do not change the existing cap on the maximum additional employer payment.

Employers must:

1. Verify that the employee meets the 90-day (or applicable transition-period) tenure threshold.
2. Confirm the employee qualifies for California Paid Family Leave benefits.
3. Calculate and pay the difference between the state benefit amount and the employee’s full weekly wage.
4. Maintain any required documentation from the employee and the state program.

The ordinance does not create a separate job-protected leave; it requires wage supplementation for employees who are already eligible for state Paid Family Leave and meet the city’s tenure and hours-worked criteria.

Rachel Szela is of counsel with Jackson Lewis in San Francisco. © 2026 Jackson Lewis. All rights reserved. Reposted with permission.