San Francisco County Municipal Code Art. 12 Domestic Workers’ Equal Access

TO PAID SICK LEAVE* Sec. 12.1. Title. Sec. 12.2. Findings and Purpose. Sec. 12.3. Definitions. Sec. 12.4. Establishment of Portable Paid Sick Leave System. Sec. 12.5. Domestic Workers’ Access to Paid Sick Leave. Sec. 12.6. Notice to Domestic Workers. Sec. 12.7. Exercise of Rights Protected; Retaliation Prohibited. Sec. 12.8. Implementation and Enforcement. Sec. 12.9. Appeal Procedure. Sec. 12.10. Preemption. Sec. 12.11. Undertaking for the General Welfare.

*Editor’s Note: Former Police Code Article 33N (“Domestic Workers’ Equal Access to Paid Sick Leave”) was redesignated as Labor and Employment Code Article 12 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 12 shall be known as the Domestic Workers’ Equal Access to Paid Sick Leave Ordinance. (Added as Police Code Sec. 3300N.1 by Ord. 4-22, File No. 211132, App. 1/13/2022, Eff. 2/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 12 shall be interpreted or applied so as to create any right, requirement, power, or duty in conflict with Federal or State law. The term “conflict,” as used in this Section 12.10 means a conflict that is preemptive under Federal or State law. (Added as Police Code Sec. 3300N.10 by Ord. 4-22, File No. 211132, App. 1/13/2022, Eff. 2/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In undertaking the adoption and enforcement of this Article 12, 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. 3300N.11 by Ord. 4-22, File No. 211132, App. 1/13/2022, Eff. 2/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any section, subsection, sentence, clause, phrase, or word of this Article 12, 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 Board of Supervisors hereby declares that it 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. 3300N.12 by Ord. 4-22, File No. 211132, App. 1/13/2022, Eff. 2/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)