Who must post the San Francisco Public Health Emergency Leave & Military Leave Pay Protection Poster?
- The San Francisco Public Health Emergency Leave posting must be posted by any employer who employs 100 or more employees worldwide, and any employee who works within the geographic boundaries of the City and County of San Francisco. (S.F.M.C. Lab. & Emp. Art. § 13.5).
- The San Francisco Military Leave Pay Protection posting must be posted by any employer who employs 100 or more employees worldwide, and any employee who works within the geographic boundaries of the City and County of San Francisco and who is a member of the reserve corps of the United States Armed Forces, National Guard, or other United States uniformed service organization. (S.F.M.C. Lab. & Emp. Art. § 15.5)
- Covered employers are required to post the San Francisco Public Health Emergency Leave & Military Leave Pay Protection Poster in a conspicuous place at any workplace or job site where any covered employee works.
- Where feasible, an employer must also provide the Public Health Emergency Leave posting to covered 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.
What are employees’ Public Health Emergency rights?
- During a declared public health emergency, the Public Health Emergency Leave Ordinance (PHELO) requires covered employers to provide San Francisco employees with up to 80 hours of paid Public Health Emergency Leave annually.
- Employees may use this leave if they are unable to work (or telework) due to the following:
- The requirements or recommendations of an individual or general federal, state, or local health order related to the public health emergency.
- The employee (or family member being cared for) has been advised by a healthcare provider to isolate or quarantine.
- The employee or family member is experiencing symptoms of a disease associated with the public health emergency.
- The employee is caring for a family member whose school or place of care has been closed or is unavailable due to the public health emergency.
- An Air Quality Emergency, if the employee is a member of a Vulnerable Population and primarily works outdoors.
What are employees’ Military Leave Pay Protection rights?
- Under the Military Leave Pay Protection Act (MLPPA), San Francisco employees who work for a covered employer and who must take leave from their job for Military Duty, may be eligible for supplemental pay from their employers.
- Covered employers must provide supplemental pay for up to 30 days of leave taken for military duty in a calendar year.
- Covered employers must pay the employee the difference between the employee’s gross military pay and the amount of gross pay the employee would have received from the employer had the employee worked their regular schedule.
How are employees protected?
- Employees who assert their rights under PHELO and MLPPA are protected from retaliation. The City investigates possible violations and can enforce the law’s requirements by ordering reinstatement of employees, payment of amounts owed in leave pay, and payment of penalties.
- Contact information for the San Francisco Office of Labor Standards Enforcement is provided on the poster.
