San Francisco County Municipal Code Art. 15 Private Sector Military Leave

PAY* Sec. 15.1. Title. Sec. 15.2. Background and Findings. Sec. 15.3. Definitions. Sec. 15.4. Supplemental Pay Required. Sec. 15.5. Implementation and Enforcement. Sec. 15.6. Waiver Through Collective Bargaining. Sec. 15.7. Other Legal Requirements.

*Editor’s Note: Former Police Code Article 33Q (“Private Sector Military Leave Pay”) was redesignated as Labor and Employment Code Article 15 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 15 shall be known as the Military Leave Pay Protection Act. (Added as Police Code Sec. 3300Q.1 by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The requirements of this Article 15 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. 3300Q.6 by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) Nothing in this Article 15 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with State or Federal law. The term “conflict” as used in this Section 15.7 means a conflict that is preemptive under State or Federal law.

(b) Nothing in this Article 15 shall be interpreted or applied to prevent an Employer from adopting or retaining paid military leave policies that are more generous than policies that comply with this Article. (Added as Police Code Sec. 3300Q.7 by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; 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 15, 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. 3300Q.8 by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)