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Telecommuters present additional challenges for employers under the HCSO. During the COVID-19 pandemic, many employees telecommuted from a San Francisco address and became subject to the law, and some San Francisco employees worked remotely from home and could not come into the city/county during the public health emergency. A 2021 HCSO amendment clarified that work locations trigger the HCE. An employer must provide the HCE for a covered employee when the employer’s office or worksite is in San Francisco or the employee works from home in San Francisco as a telecommuter. Though, the legislation required HCSO coverage for San Francisco employees working remotely solely due to public health orders. As the city’s public health order eliminated the remote-work advice, HCSO expenditure requirements do not currently apply to employees telecommuting outside of san Francisco. this COVID-19 issue may still arise when an employer undertakes a voluntary corrective action,which typically entails a three-year look-back period.
