Who is covered by the San Francisco Public Health Emergency Leave & Military Leave Pay Protection Poster?
- The San Francisco Public Health Emergency Leave Ordinance (PHELO) (S.F. Police Code Art. 33P) and the San Francisco Military Leave Pay Protection Act (MLPPA) (S.F. Police Code Art. 33Q.) apply to employers that employ 100 or more employees worldwide.
- Covered employers must comply with the provisions of law for their employees who work within the geographic boundaries of San Francisco (not including SFO).
- Employers are covered under the PHELO and MLPPA regardless of where the employer is located.
Who is required to post the PHELO & MLPPA Poster?
- Covered employers are required to post the San Francisco Public Health Emergency Leave & Military Leave Pay Protection Poster (PHELO & MLPPA Poster) in a conspicuous place at any workplace or job site where any covered employee works.
- If the covered employer publishes an employee handbook that describes other kinds of leave available to its employees, the employer must include a description of employees’ PHELO and MLPPA rights in its handbook
What rights do covered employees have under PHELO?
- During a declared public health emergency, 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 rights do covered employees have under MLPPA?
- San Francisco employees of a covered employer, who are members of the U.S Army reserves, National Guard, or other uniformed service of the United States and 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 under the PHELO & MLPPA?
- 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.