§ 39.0104 — Definitions

§39.0104 Definitions

Each word or phrase defined in this Division appears in the text of this Division in italicized letters. To the extent that a federal, state, or other law is referenced within this Division, the citation includes and incorporates the law as it may be amended or renumbered in the future. For purposes of this Division, the following definitions apply: Benefit Year means a regular and consecutive twelve-month period, as determined by an Employer. Child means a biological, adopted, or foster child; a stepchild; a legal ward; a child of a Domestic Partner; or a child of an Employee standing in loco parentis. City means the City of San Diego. City Council means the Council of the City of San Diego. Domestic Partners mean two adults in a relationship recognized by the State of California by filing as domestic partners under California Family Code section 297, and who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing such registration or with an internal registry maintained by the employer of at least one of the domestic partners. Domestic Violence means “domestic violence” as defined in California Penal Code section 13700. Earned Sick Leave means accrued increments of compensated leave provided by an Employer to an Employee as a benefit of the employment for use by the Employee during an absence from the employment because of a qualifying medical condition or event, as specified in section 39.0106 of this Division. Employee means any person who: (a) In one or more calendar weeks of the year performs at least two hours of work within the geographic boundaries of the City for an Employer; and (b) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as set forth in the California Labor Code and wage orders published by the California Industrial Welfare Commission or the State of California Division of Labor Standards Enforcement, or is a participant in a State of California Welfare-to-Work Program. (c) Employee does not include any person who is authorized to be employed at less than the minimum wage under a special license issued under California Labor Code sections 1191 or 1191.5; any person employed under a publicly subsidized summer or short-term youth employment program, such as the San Diego County Urban Corps Program; or any student employee, camp counselor, or program counselor of an organized camp as defined in California Labor Code section 1182.4. Employee also does not include any person who is employed as an independent contractor as defined by the California Labor Code. Employer means any person or persons, as defined in California Labor Code section 18, who exercises control over the wages, hours, or working conditions of any Employee, or suffers or permits the Employee to work, or engages the Employee. Employer does not include a person receiving services under the California In-Home Supportive Services program pursuant to Welfare and Institutions Code section 12300. Enforcement Office means the City’s Office of Labor Standards and Enforcement, or other City office or department under the authority of the City Manager designated to enforce this Division, or the Office of the City Attorney. Enforcement Official means any person authorized to enforce violations of this Division. Family Member means a Child, Spouse, Parent, grandparent, grandchild, Sibling, or the Child or Parent of a Spouse. Health Care Provider means any person licensed under federal or California law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel. Minimum Wage means an hourly minimum rate to be paid to Employees, as defined in section 39.0107 of this Division. Parent means a biological, foster, or adoptive parent; a step-parent; a legal guardian; or a person who stood in loco parentis when the Employee was a minor child. Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government. Retaliation means any threat, discipline, discharge, demotion, suspension, reduction in Employee hours, or any other adverse employment action against any Employee for exercising or attempting to exercise any right guaranteed under this Division. Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Employee to obtain for the Employee or the Employee’s Family Member one or more of the following: (a) Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; (b) Services from a victim services organization; (c) Psychological or other counseling; (d) Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or (e) Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking. Sexual Assault means “rape” as defined in California Penal Code section 261 or “sexual battery” as defined by California Penal Code section 243.4. Sibling means a brother or sister, whether related through half blood, whole blood, or adoption, or one who is a step-sibling. Spouse means a person to whom an Employee is legally married under the laws of the State of California, or the Employee’s Domestic Partner. Stalking means the unlawful conduct described in California Penal Code section 646.9.

(“Definitions” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.) (Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)