PUBLIC HEALTH EMERGENCY LEAVE

SF-LABOR pt. DIVISION I: PROTECTION OF WORKERS IN THE CITY, art. 13

in effect

SF Labor and Employment Code § 13.1 TITLE.

SEC. 13.1. TITLE. This Article 13 shall be known as the “Public Health Emergency Leave Ordinance.” (Added as Police Code Sec. 3300P.1 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.2 DEFINITIONS.

SEC. 13.2. DEFINITIONS. For purposes of this Article 13, the following definitions apply: “Agency” means the Office of Labor Standards Enforcement or its successor agency. “Air Quality Emergency” means a day when the Bay Area Air Quality Management District issues a Spare the Air Alert. “City” means the City and County of San Francisco. “Emergency Responder” means an Employee whose work involves emergency medical services, including but not limited to emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, 911 operators, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a Public Health Emergency. “Employee” means any person providing labor or services for remuneration who is an employee under California Labor Code Section 2775, as may be amended from time to time, including a part-time or temporary employee, and who performs work as an employee within the geographic boundaries of the City. “Employee” includes a participant in a Welfare-to-Work Program when the participant is engaged in work activity that would be considered “employment” under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., and any applicable U.S. Department of Labor Guidelines. “Welfare-to-Work Program” includes any public assistance program administered by the Human Services Agency, including but not limited to CalWORKS and the County Adult Assistance Program (CAAP), and any substantially similar successor programs, that require a public assistance applicant or recipient to work in exchange for their grant. “Employer” means any person, as defined in Section 18 of the California Labor and Employment Code, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees worldwide, including one or more Employees; provided however that “Employer” shall not include a Non-Profit Organization if the majority of the annual revenue of the Non-Profit Organization is program service revenue that is not unrelated business taxable income under 26 U.S.C. § 512, as may be amended from time to time, and the Non-Profit Organization does not engage in Healthcare Operations. “Employer” shall include the City, but shall not include any government entity other than the City. “Family Member” means any person for whom an Employee may use paid sick leave to provide care pursuant to Labor and Employment Code Section 11.4(a), as may be amended from time to time. “Healthcare Operations” means the provision of diagnostic and healthcare services and devices including, without limitation, hospitals, medical clinics, diagnostic testing locations, dentists, pharmacies, blood banks and blood drives, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. “Healthcare Operations” excludes fitness and exercise gyms and similar facilities. “Healthcare Provider” means a “Health care provider” as that term is defined in the regulations implementing the federal Family and Medical Leave Act, 29 C.F.R. § 825.102, as may be amended from time to time. “Nonprofit Organization” means a nonprofit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid nonprofit status under 26 U.S.C. § 501(c)(3), as may be amended from time to time, and all rules and regulations promulgated under such Section. “Operative Date” means the date this Article 13 becomes operative, which shall be October 1, 2022. “Public Health Emergency” means a local or statewide health emergency related to any contagious, infectious, or communicable disease, declared by the City’s local health officer or the state health officer pursuant to the California Health and Safety Code, or an Air Quality Emergency. “Public Health Emergency Leave” means paid leave provided by an Employer to an Employee during a Public Health Emergency for the uses described in Section 13.4(a) or Section 13.4(b), as applicable. “Vulnerable Population” means a person who has been diagnosed with heart or lung disease; has respiratory problems including but not limited to asthma, emphysema, and chronic obstructive pulmonary disease; is pregnant; or is age 60 or older. (Added as Police Code Sec. 3300P.2 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.3 PUBLIC HEALTH EMERGENCY LEAVE REQUIREMENTS.

SEC. 13.3. PUBLIC HEALTH EMERGENCY LEAVE REQUIREMENTS. (a) Allocation of Public Health Emergency Leave. (1) Except as provided in subsections (a)(2) and (a)(3) below, on the Operative Date, and on January 1 of each year thereafter, an Employer shall allocate Public Health Emergency Leave to each Employee that may be used for all purposes specified in Section 13.4(a) or Section 13.4(b), as applicable, during that calendar year. The allocation shall be calculated as follows: (A) For an Employee who works a full-time, regular, or fixed schedule, the allocation shall be equal to the number of hours over a two-week period that the Employee regularly works or takes paid leave, not to exceed 80 hours; provided, however, for the remainder of 2022 beginning on the Operative Date, the allocation shall be equal to the number of hours over a one-week period that the Employee regularly works or takes paid leave, not to exceed 40 hours. (B) For an Employee whose number of weekly work hours varies, the allocation shall be equal to the average number of hours over a two-week period that the Employee worked or took paid leave during the previous calendar year, or since the Employee’s start date if after the beginning of the previous calendar year, not to exceed 80 hours; provided, however, for the remainder of 2022 beginning on the Operative Date, the allocation shall be equal to the average number of hours over a one-week period that the Employee worked or took paid leave during the previous calendar year, or since the Employee’s start date if after the beginning of the previous calendar year, not to exceed 40 hours. (2) If an Employee was not employed on the Operative Date, or on January 1 of a calendar year thereafter, on the start date of the first Public Health Emergency that begins during the Employee’s employment, an Employer shall allocate Public Health Emergency Leave to each such Employee that may be used for all purposes specified in Section 13.4(a) or Section 13.4(b), as applicable, during that calendar year. The allocation shall be calculated as follows: (A) For an Employee who works a full-time, regular, or fixed schedule, the allocation shall be equal to the number of hours over a two-week period that the Employee regularly works or takes paid leave, not to exceed 80 hours; provided, however, for the remainder of 2022 beginning on the Operative Date, the allocation shall be equal to the number of hours over a one-week period that the Employee regularly works or takes paid leave, not to exceed 40 hours. (B) For an Employee whose number of weekly work hours varies, the allocation shall be equal to the average number of hours over a two-week period that the Employee worked or took paid leave during the previous six months, or since the Employee’s start date if the Employee has been employed for fewer than six months, not to exceed 80 hours; provided, however, for the remainder of 2022 beginning on the Operative Date, the allocation shall be equal to the average number of hours over a one-week period that the Employee worked or took paid leave during the previous six months, or since the Employee’s start date if the Employee has been employed for fewer than six months, not to exceed 40 hours. (3) Offset provisions. (A) During 2022, (i) if an Employer voluntarily extended additional paid leave or paid time off that Employees may use for the reasons described in Section 13.4 and that paid leave or paid time off remains in effect on or after the Operative Date of this Article 13, or (ii) if State COVID-19 supplemental paid sick leave requirements are extended beyond September 30, 2022, an Employer may reduce the allocation of Public Health Emergency Leave under subsection (a)(1) or (a)(2) for every hour an Employee takes such paid leave or paid time off after the Operative Date. (B) During 2023 and subsequent years, if an Employer is required by federal, state, or City law to provide paid leave or paid time off to address a public health threat, which Employees may use for the reasons described in Section 13.4, an Employer may reduce the allocation of Public Health Emergency Leave under subsection (a)(1) or (a)(2) for every hour of such paid leave or paid time off the Employer is required to provide. (C) If circumstances that are similar to those described in subsection (a)(3)(A) or subsection (a)(3)(B) merit the addition of other offsets to reduce the otherwise applicable allocation of Public Health Emergency Leave, the Agency may issue guidelines or rules authorizing additional circumstances for an offset of the otherwise applicable allocation of Public Health Emergency Leave. By way of illustration but not limitation, the Agency would be authorized to issue such guidelines or rules if a state law were to require Employers to provide paid leave to address a public health threat, which Employees could use for reasons that are similar to but not the same as the reasons described in Section 13.4, or if certain Employers were to voluntarily extend additional paid leave in response to a public health threat that later becomes a Public Health Emergency, which Employees could use for the reasons described in Section 13.4. (b) For the duration of a Public Health Emergency, Public Health Emergency Leave shall be made available to Employees in addition to any paid leave that the Employer offered or provided to Employees as of the date the Public Health Emergency began. (c) Public Health Emergency Leave shall be available for immediate use for the purposes described in Section 13.4(a) or Section 13.4(b), as applicable, regardless of how long the Employee has been employed by the Employer, the Employee’s status (as full-time, part-time, permanent, temporary, seasonal, salaried, paid by commission, or any other status), or any other consideration pertaining to the Employee. (d) An Employee may use Public Health Emergency Leave for the purposes described in Section 13.4(a) or Section 13.4(b), as applicable, before using other accrued paid leave. An Employee may voluntarily choose, but an Employer may not require, induce, or encourage the Employee, to use other accrued paid leave provided by the Employer to the Employee before the Employee uses Public Health Emergency Leave. (e) This Article 13 provides minimum requirements pertaining to Public Health Emergency Leave and shall not be construed to prevent an Employer from providing or advancing additional paid leave to an Employee, and shall not be construed to limit the amount of paid leave that may be provided to an Employee. This Article shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater or different types of paid or unpaid leave, or that extends other protections to employees. (f) An Employer is not required to carry over an Employee’s unused Public Health Emergency Leave from year to year. (g) Compensation rates under this Article 13 shall be: (1) For an Employee who is not exempt from the overtime provisions of the FLSA, an Employer may calculate pay for Public Health Emergency Leave using either of the following methods: (A) In the same manner as the regular rate of pay for the workweek in which the Employee uses Public Health Emergency Leave, whether or not the Employee works overtime in that workweek; or (B) By dividing the Employee’s total wages, not including overtime premium pay, by the Employee’s total hours worked in the full pay periods of the 90 days of employment prior to the Employee’s use of Public Health Emergency Leave. (2) For an Employee who is exempt from the overtime provisions of FLSA and California labor law, pay for Public Health Emergency Leave shall be calculated in the same manner as the Employer calculates wages for other forms of paid leave. (3) In no circumstance may Public Health Emergency Leave be provided at less than the minimum wage rate required by the Minimum Wage Ordinance, Labor and Employment Code Article 1. (Added as Police Code Sec. 3300P.3 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.4 PUBLIC HEALTH EMERGENCY LEAVE USE.

SEC. 13.4. PUBLIC HEALTH EMERGENCY LEAVE USE. (a) Except as provided in subsections (b) and (c) below, an Employee may use Public Health Emergency Leave during a Public Health Emergency if the Employee is unable to work due to any of the following: (1) The recommendations or requirements of an individual or general federal, state, or local health order (including an order issued by the local jurisdiction in which an Employee resides) related to the Public Health Emergency. (2) The Employee has been advised by a Healthcare Provider to isolate or quarantine. (3) The Employee is experiencing symptoms of and seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the Public Health Emergency. (4) The Employee is caring for a Family Member who is subject to an order as described in subsection (a)(1), has been advised as described in subsection (a)(2), or is experiencing symptoms as described in subsection (a)(3). (5) The Employee is caring for a Family Member if the school or place of care of the Family Member has been closed, or the care provider of such Family Member is unavailable, due to the Public Health Emergency. (6) An Air Quality Emergency, if the Employee is a member of a Vulnerable Population and primarily works outdoors. (b) An Employer of an Employee who is a Healthcare Provider or an Emergency Responder may elect to limit such an Employee’s use of Public Health Emergency Leave, but at a minimum such an Employee may use Public Health Emergency Leave during a Public Health Emergency to the extent that the Employee is unable to work due to any of the following: (1) The Employee has been advised by a Healthcare Provider to isolate or quarantine. (2) The Employee is experiencing symptoms of and is seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the Public Health Emergency and does not meet federal, state, or local guidance to return to work. (3) An Air Quality Emergency, if the Employee is a member of a Vulnerable Population, primarily works outdoors, and has been advised by a Healthcare Provider not to work during an Air Quality Emergency. (c) With respect to subsections (a)(1), (2), and (6) and subsections (b)(1) and (3) above, if an Employee is able to telework without increasing the Employee’s exposure to disease or unhealthy air quality, the Employee may not use Public Health Emergency Leave. (d) An Employer may not require, as a condition of an Employee’s taking Public Health Emergency Leave, that the Employee search for or find a replacement worker to cover the hours during which the Employee is on Public Health Emergency Leave. (e) An Employer may not require, as a condition of an Employee’s taking Public Health Emergency Leave, that the Employee take Public Health Emergency Leave in increments of more than one hour. (f) An Employer may require the Employee to follow reasonable notice procedures in order to use Public Health Emergency Leave, but only when the need for Public Health Emergency Leave is foreseeable. (g) An Employer may require a doctor’s note or other documentation to confirm an Employee’s status as a member of a Vulnerable Population, if that Employee uses Public Health Emergency Leave for a use inapplicable to an Employee who is not a member of a Vulnerable Population. An Employer may not otherwise require the disclosure of health information for use of Public Health Emergency Leave. (h) An Employer shall provide payment for Public Health Emergency Leave taken by an Employee no later than the payday for the next regular payroll period after the Public Health Emergency Leave is taken. (Added as Police Code Sec. 3300P.4 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.5 NOTICE OF EMPLOYEE RIGHTS.

SEC. 13.5. NOTICE OF EMPLOYEE RIGHTS. (a) The Agency shall, no later than 30 days after the effective date of this Article 13, publish and make available to Employers, in English, Spanish, Chinese, Filipino, and any other language spoken by more than 5% of the San Francisco workforce, a notice suitable for posting by Employers in the workplace informing Employees of their rights under this Article 13. The Agency shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco workforce. In its discretion, the Agency may combine this notice with the notice required by Section 11.5(a) of the Labor and Employment Code. (b) Every Employer shall provide the notice prepared by the Agency under subsection (a) above to Employees in all languages the Agency makes available by posting it in a conspicuous place at any workplace or job site where any of its Employees works, and where feasible by providing it to Employees via electronic communication, which may include email, text, and/or posting in a conspicuous place in an Employer’s web-based or app-based platform. (c) On the written notice that an Employer is required to provide under Section 246(i) of the California Labor Code, as may be amended from time to time, an Employer shall set forth the amount of Public Health Emergency Leave that is available to the Employee under this Article 13. If an Employer provides unlimited paid leave or paid time off to an Employee, the Employer may satisfy this subsection (c) by indicating on the notice or the Employee’s itemized wage statement “unlimited.” This subsection (c) shall apply only to Employers that are required by state law to provide such notice to Employees regarding paid sick leave available under California law. (Added as Police Code Sec. 3300P.5 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.6 EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED.

SEC. 13.6. EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED. (a) It shall be unlawful for an Employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article 13. (b) It shall be unlawful for an Employer or any other person to discharge, threaten to discharge, demote, suspend, reduce other Employee benefits, or in any manner discriminate or take adverse action against any person in retaliation for exercising rights protected under this Article 13. Such rights include but are not limited to the right to use Public Health Emergency Leave pursuant to this Article 13; the right to file a complaint or inform any person about any Employer’s alleged violation of this Article 13; the right to cooperate with the Agency in its investigations of alleged violations of this Article 13; and the right to inform any person of that person’s potential rights under this Article 13. (c) It shall be unlawful for any Employer absence control policy to count an Employee’s use of Public Health Emergency Leave as an absence that, alone or in combination with other absences, may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action. (d) Protections of this Section 13.6 shall apply to any person who mistakenly but in good faith alleges violations of this Article 13. (e) Taking adverse action against a person within 90 days of the person’s filing a complaint with the Agency or a court alleging a violation of any provision of this Article 13; informing any person about an Employer’s alleged violation of this Article; cooperating with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; opposing any policy, practice, or act that is unlawful under this Article; or informing any person of that person’s rights under this Article shall raise a rebuttable presumption that such adverse action was taken in retaliation for the exercise of one or more of the aforementioned rights. (Added as Police Code Sec. 3300P.6 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.7 EMPLOYER RECORDS.

SEC. 13.7. EMPLOYER RECORDS. Employers shall retain records documenting hours worked by Employees and Public Health Emergency Leave taken by Employees, for a period of four years, and shall allow the Agency access to such records, with reasonable notice, to monitor compliance with the requirements of this Article 13. When an issue arises as to an Employee’s entitlement to Public Health Emergency Leave under this Article, if the Employer does not maintain or retain accurate and adequate records documenting hours worked by the Employee and Public Health Emergency Leave taken by the Employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated this Article, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300P.7 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.8 IMPLEMENTATION AND ENFORCEMENT.

SEC. 13.8. IMPLEMENTATION AND ENFORCEMENT. (a) The Agency is authorized to implement and enforce this Article 13 and may promulgate guidelines or rules for such purposes. Any rules promulgated by the Agency shall have the force and effect of law and may be relied on by Employers, Employees, and other persons to determine their rights and responsibilities under this Article. (b) An Employee or any other person, who has reason to believe that a violation of this Article 13 has occurred may report the suspected violation to the Agency. The Agency shall encourage such reporting by keeping confidential, to the maximum extent permitted by law, the name and other identifying information of the individual reporting the suspected violation; provided, however, that with the authorization of the reporting individual, the Agency may disclose the name of the reporting individual and identifying information as necessary to enforce this Article or for other lawful purposes. (c) The Agency may investigate possible violations of this Article 13. (1) Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation. (2) Where, following an investigation that affords due process, including notice of the alleged violation and the right to respond, the Agency determines that a violation has occurred, the Agency may issue a determination of violation and order any appropriate relief. (A) If any Public Health Emergency Leave was unlawfully withheld, the dollar amount of paid leave withheld from the Employee multiplied by three, or $500, whichever amount is greater, shall be awarded as an administrative penalty paid to the Employee, pursuant to California Constitution Article XIIIC, Section 1(e)(5). (B) For violation of Section 13.6, the Agency shall award appropriate restitution to each person subjected to the violation, including but not limited to reinstatement and back pay. (C) Pursuant to California Constitution Article XIIIC, Section 1(e)(5), the Agency may order administrative penalties of $500 for each of the following violations: failure to post notice pursuant to Section 13.5, violation of Section 13.6, refusing to allow access to records pursuant to Section 13.7, failure to maintain or retain accurate and adequate records pursuant to Section 13.7, and any other violation not specified in this Section 13.8(c)(2). These penalties shall be increased cumulatively by 50% for each subsequent violation of the same provision by the same Employer within a three-year period. (D) To compensate the City for the reasonable regulatory costs of investigating and remedying the violation, pursuant to California Constitution Article XIIIC, Section 1(e)(3), the Agency may also order the Employer to pay to the City an amount that does not exceed its investigation and administrative enforcement costs. (3) The determination of violation shall provide notice to the Employer of the right to appeal the determination to the City Controller and that failure to do so within 15 days shall result in the determination becoming a final administrative decision, which the City may seek to enforce as a judgment in superior court. (4) The determination of violation shall specify a reasonable time period for payment of any relief ordered. The Agency may award interest on all amounts due and unpaid at the expiration of such time period at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as may be amended from time to time. (5) The remedies and penalties provided under subsection (c)(2) above are cumulative. (6) The Agency may require that remedies and penalties due and owing to Employees be paid directly to the City for disbursement to the Employees. The Controller shall hold these funds in escrow for the Employees. The Agency shall make best efforts to distribute such funds to Employees. In the event such funds are unclaimed for a period of three years, the Controller may undertake administrative procedures for escheat of unclaimed funds under California Government Code Section 50050, et seq., as may be amended from time to time. Such escheated funds shall be dedicated to the enforcement of this Article 13 or other laws the Agency enforces. (d) Appeal Procedure. An appeal from a determination of violation (“Appeal”) may be filed by the Appellant in accordance with the following procedures: (1) The Appellant shall file the Appeal with the City Controller and serve a copy on the Agency. The Appeal shall be filed in writing within 15 days of the date of service of the determination of violation, and shall specify the basis for the Appeal and shall request that the Controller appoint a hearing officer to hear and decide the Appeal. Failure to submit a timely, written Appeal shall constitute concession to the violation, and the determination of violation shall be deemed the final administrative decision upon expiration of the 15-day period. Further, failure to submit a timely, written Appeal shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought against the City regarding the determination of violation. (2) Following the filing of the Appeal and service of a copy on the Agency, the Agency shall promptly afford Appellant an opportunity to meet and confer in good faith regarding possible resolution of the Determination of Violation. (3) Within 30 days of receiving an Appeal, the Controller shall appoint an impartial hearing officer who is not part of the Agency and immediately notify the Agency and Appellant of the appointment. (4) The hearing officer shall promptly set a date for a hearing. The hearing must commence within 45 days of the date of the Controller’s notice of appointment of the hearing officer, and conclude within 75 days of such notice, provided, however, that the hearing officer may extend these time limits upon a determination of good cause. (5) The hearing officer shall conduct a fair and impartial evidentiary hearing. The Agency shall have the burden of proof in such hearing. (6) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or dismissing the determination of violation. The hearing officer’s decision shall be the final administrative decision. The decision shall consist of findings, a determination, any relief ordered, a reasonable time period for payment of any relief ordered, and notice to the Employer of the right to appeal by filing a petition for a writ of mandate in San Francisco Superior Court under California Code of Civil Procedure, Section 1094.5, et seq., as may be amended from time to time, and that failure to file a timely appeal shall result in the final administrative decision becoming enforceable as a judgment by the superior court. (7) Appellant may appeal the final administrative decision only by filing in San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, Section 1094.5, et seq., as applicable, and as may be amended from time to time. (e) Where an Employer fails to comply with a final administrative decision within the time period required therein, the Agency may take any appropriate enforcement action to secure compliance, including referring the action to the City Attorney to seek to enforce the final administrative decision as a judgment in superior court, and/or except where prohibited by State or Federal law, requesting that City agencies or departments revoke or suspend any registration certificates, permits, or licenses held or requested by the Employer until such time as the violation is remedied. (Added as Police Code Sec. 3300P.8 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.9 CIVIL ENFORCEMENT.

SEC. 13.9. CIVIL ENFORCEMENT. The City Attorney or any person aggrieved by a violation of this Article 13 may bring a civil action in a court of competent jurisdiction against an Employer for violating any requirement of this Article 13 and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, all forms of relief available under Section 13.8(c), plus interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code. The court shall award reasonable attorneys’ fees and costs to the prevailing party. (Added as Police Code Sec. 3300P.9 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.10 WAIVER THROUGH COLLECTIVE BARGAINING.

SEC. 13.10. WAIVER THROUGH COLLECTIVE BARGAINING. All or any portion of the requirements of this Article 13 shall not apply to Employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (Added as Police Code Sec. 3300P.10 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.11 PREEMPTION.

SEC. 13.11. PREEMPTION. Nothing in this Article 13 shall be interpreted or applied so as to create any power, right, or duty in conflict with federal or state law. The term “conflict,” as used in this Section 13.11, means a conflict that is preemptive under federal or state law. (Added as Police Code Sec. 3300P.11 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.12 CITY UNDERTAKING LIMITED TO PROMOTION OF THE GENERAL WELFARE.

SEC. 13.12. CITY UNDERTAKING LIMITED TO PROMOTION OF THE GENERAL WELFARE. In undertaking the adoption and enforcement of this Article 13, the City is undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. This Article does not create a legally enforceable right by any member of the public against the City. (Added as Police Code Sec. 3300P.12 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.13 SEVERABILITY.

SEC. 13.13. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or word of this Article 13, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Article. The voters hereby declare that they would have passed this Article and every section, subsection, sentence, clause, phrase, and word not declared invalid and unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added as Police Code Sec. 3300P.13 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 13.14 AMENDMENT BY THE BOARD OF SUPERVISORS.

SEC. 13.14. AMENDMENT BY THE BOARD OF SUPERVISORS. (a) The Board of Supervisors may by ordinance amend this Article 13 with respect to matters relating to its implementation and enforcement and matters relating to Employer requirements for verification or documentation of an Employee’s use of Public Health Emergency Leave. (b) The Board of Supervisors may by ordinance amend this Article 13’s substantive requirements or scope of coverage as follows: (1) as to Air Quality Emergencies, without limitation, and (2) as to other provisions of this Article, only for the purpose of adopting greater or additional substantive requirements or broader coverage. (c) In the event any provision in this Article 13 is held legally invalid, the Board of Supervisors retains the power to adopt an ordinance concerning the subject matter that was covered in the invalid provision. (d) Nothing in this Article 13 prevents the Board of Supervisors by ordinance from providing for greater or different types of paid or unpaid leave, or extending other protections to employees or other workers. (Added as Police Code Sec. 3300P.14 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-454Fetched: 11/1/2026