San Francisco County Municipal Code Art. 14 Paid Parental Leave

Sec. 14.1. Title. Sec. 14.2. Findings. Sec. 14.3. Definitions. Sec. 14.4. Supplemental Paid Parental Leave. Sec. 14.5. Notice and Posting. Sec. 14.6. Employer Records. Sec. 14.7. Exercise of Rights Protected; Retaliation Prohibited. Sec. 14.8. Implementation and Enforcement. Sec. 14.9. Waiver through Collective Bargaining. Sec. 14.10. Other Legal Requirements. Sec. 14.11. Undertaking for the General Welfare. Sec. 14.12. Severability. Sec. 14.13. No Conflict with Federal or State Law. Sec. 14.14. Expiration of Article.

*Editor’s Note: Former Police Code Article 33H (“Paid Parental Leave”) was redesignated as Labor and Employment Code Article 14 by Ord. 221-23, File No. 230835, approved November 3,

2023, effective December 4, 2023, and operative January 4, 2024.

This Article 14 shall be known as the “Paid Parental Leave Ordinance.” (Added as Police Code Sec. 3300H.1 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Agency shall, by the operative date of this Article 14, publish and make available to Covered Employers, in all languages 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. 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 the notice required herein with one or more other notices it is required to publish and make available to employers under other provisions of City law. (b) Every Covered Employer shall post in a conspicuous place at any workplace or job site where any Covered Employee works the notice required by subsection (a). Every Covered Employer shall post this notice in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the workplace or job site. (Added as Police Code Sec. 3300H.5 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) Covered Employers shall retain records documenting Supplemental Compensation paid to employees as required by this Article 14, for a period of three 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 14. (b) When an issue arises as to an employee’s entitlement to Supplemental Compensation under this Article 14, if the Covered Employer does not maintain or retain adequate records documenting Supplemental Compensation paid to 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. 3300H.6 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; 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 14 shall not apply to employees covered by a bona fide collective bargaining agreement if (1) such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms, or (2) the agreement was entered into before the effective date of the ordinance enacting this Article 14, on file with the Clerk of the Board of Supervisors in File No. 160065. The exception designated (2) in the preceding sentence shall not apply to any such agreement once it has been extended or has expired. (Added as Police Code Sec. 3300H.9 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) This Article 14 provides minimum requirements pertaining to paid parental leave as provided herein. 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 parental leave, whether paid or unpaid, or that extends other protections to employees. (b) This Article 14 provides minimum requirements pertaining to paid parental 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. (c) This Article 14 is intended to supplement other available sources of income during specified periods of leave to which the employee is otherwise eligible. Nothing in this Article shall be construed to expand, reduce, or otherwise affect the total amount of parental or other leave time available to employees under federal, state, or local law. (Added as Police Code Sec. 3300H.10 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In enacting and implementing this Article 14, the City is assuming an undertaking only to promote the general welfare. It 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. (Added as Police Code Sec. 3300H.11 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; 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 14, 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 the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or 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. 3300H.12 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 14 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Added as Police Code Sec. 3300H.13 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article 14 shall expire by operation of law if the Legislature amends the California Paid Family Leave program such that the benefits provided under that program amount to 100% of an eligible employee’s wages, as capped by any maximum benefit amount under the State law. Upon certification from the City Attorney to the Clerk of the Board of Supervisors that such a change in State law has occurred, the City Attorney shall cause the Article to be removed from the Labor and Employment Code. (Added as Police Code Sec. 3300H.14 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Within 90 days of final enactment of any federal law requiring private employers to provide paid parental leave to employees or providing governmentally funded paid parental leave, the Controller shall provide a report to the Board of Supervisors analyzing the impact of the newly adopted federal law on employers and employees subject to this Article 14, as well as any overlap between the federal benefits and benefits required under this Article 14. In the report, the Controller may, in his or her discretion, recommend changes to this Article 14. (Added as Police Code Sec. 3300H.15 by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)