San Francisco County Municipal Code Art. 11 Sick Leave

Sec. 11.1. Title. Sec. 11.2. Definitions. Sec. 11.3. Accrual of Paid Sick Leave. Sec. 11.4. Use of Paid Sick Leave. Sec. 11.5. Notice and Posting of Rights. Sec. 11.6. Employer Records. Sec. 11.7. Exercise of Rights Protected; Retaliation Prohibited. Sec. 11.8. Implementation and Enforcement. Sec. 11.9. Waiver Through Collective Bargaining. Sec. 11.10. Other Legal Requirements. Sec. 11.11. More Generous Employer Leave Policies.

Sec. 11.12. Operative Date. Sec. 11.13. Preemption. Sec. 11.14. City Undertaking Limited to Promotion of the General Welfare. Sec. 11.15. Severability.

*Editor’s Notes: Former Administrative Code Chapter 12W (“Sick Leave”) was redesignated as Labor and Employment Code Article 11 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024. Proposition F, approved November 7, 2006, added provisions designated as a new Administrative Code Ch. 12W (now at Labor and Employment Code Article 11), Sick Leave, to read as herein set out. At the request of the city, former Administrative Code Ch. 12W, pertaining to the San Francisco Slavery Disclosure Ordinance, was renumbered as Administrative Code Ch. 12Y, and remains so.

This Article shall be known as the “Sick Leave Ordinance.” (Added as Administrative Code Sec. 12W.1 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Employers shall retain records documenting hours worked by employees and paid sick leave taken by employees, for a period of four years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article. When an issue arises as to an employee’s entitlement to paid sick leave under this Article, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid sick 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 Administrative Code Sec. 12W.6 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All or any portion of the applicable requirements of this Article 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 Administrative Code Sec. 12W.9 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article provides minimum requirements pertaining to paid sick leave and 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 accrual or use by employees of sick leave, whether paid or unpaid, or that extends other protections to employees. (Added as Administrative Code Sec. 12W.10 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article provides minimum requirements pertaining to paid sick leave and shall not be construed to prevent employers from adopting or retaining leave policies that are more generous than policies that comply with this Article. Employers are encouraged to provide more generous leave policies than required by this Article. (Added as Administrative Code Sec. 12W.11 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) This Article shall become operative 90 days after its adoption by the voters at the November 7, 2006 election. This Article shall have prospective effect only. (b) Amendments to this Article adopted by the voters at the June 7, 2016 election shall become operative on January 1, 2017. These amendments shall have prospective effect only. (Added as Administrative Code Sec. 12W.12 by Proposition F, 11/7/2006; amended by Proposition E, 6/7/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. The term “conflict,” as used in this Section 11.13, means a conflict that is preemptive under federal or state law. For purposes of this Section, consistent with California Labor Code Section 249(d), a difference between this Article and the provisions of the Healthy Workplaces, Healthy Families Act of 2014, as amended, California Labor Code Sections 245-249, is not a preemptive conflict under state law. (Added as Administrative Code Sec. 12W.13 by Proposition F, 11/7/2006; amended by Proposition E, 6/7/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

WELFARE. In undertaking the adoption and enforcement of this Article, 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 Administrative Code Sec. 12W.14 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any part or provision of this Article, or the application of this Article to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Article are severable. (Added as Administrative Code Sec. 12W.15 by Proposition F, 11/7/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)