On October 1, 2022, San Francisco voters passed Proposition G, a new Public Health Emergency Leave Ordinance (“PHELO”).  San Francisco workers that work in a business with at least one hundred (100) workers globally are entitled to take up to eighty (80) hours of paid public health emergency leave.  San Francisco Police Code § 3300P.2.  This paid leave is in addition to any paid time off, including paid sick leave under the San Francisco Paid Sick Leave Ordinance. Employers must make paid leave available immediately and during the public health emergency.  San Francisco Police Code § 3300P.3.

The total amount of paid leave afforded to San Francisco workers varies depending on their schedules.  San Francisco Police Code § 3300P.3.  Paid leave under the San Francisco Public Health Emergency Leave Ordinance is as follows:

  • Full-time San Francisco workers are entitled to an allocation that is equal to the number of hours over two weeks that they regularly work or take paid leave, with a cap of eighty (80) hours;
  • San Francisco workers with varying hours are entitled to take leave allocations equal to the average number of hours over two weeks that the worker worked or took paid leave during the previous calendar year.

Please note that San Francisco employers may be able to offset hours allocated under the San Francisco Public Health Emergency Leave Ordinance, which may result in lower allocations than specified above.  San Francisco Police Code § 3300P.3.

San Francisco workers may utilize this leave when they are unable to work due to the following:

  • A government health order’s recommendations or requirements relating to the public health emergency;
  • A healthcare provider advises the San Francisco worker, or a family member for which they provide care, to isolate or quarantine;
  • The San Francisco worker, or a family member for which they provide care, is experiencing symptoms of and seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the public health emergency;
  • The San Francisco worker is caring for a family member whose school or place of care is closed, or their normal care provider is unavailable, due to the public health emergency; and,
  • An air quality emergency, if the San Francisco worker is a member of the vulnerable population and primarily works outdoors. San Francisco Police Code § 3300P.4.

Under the San Francisco Public Health Emergency Leave Ordinance, employers are not required to carry over unused paid leave annually.  San Francisco Police Code § 3300P.3.

Additionally, the San Francisco Public Health Emergency Leave Ordinance contains an anti-retaliation provision.  San Francisco Police Code § 3300P.6.  This provision prohibits San Francisco employers from discharging, threatening to discharge, demote, suspend, reduce benefits, discriminate, or take an adverse action, such as a wrongful termination, against a San Francisco worker that exercises their rights under the San Francisco Public Health Emergency Leave Ordinance.  These rights include, but are not limited to, the right to exercise paid leave, the right to file a complaint or inform any person about an alleged violation, the right to cooperate with a government investigation into alleged violations, and the right to inform any person of their rights under the San Francisco Public Health Emergency Leave Ordinance.

Where an employer takes an adverse action against a San Francisco worker within ninety (90) days of filing a complaint with the government or a lawsuit in court for alleged San Francisco Public Health Emergency Leave Ordinance violations, informing any person about an alleged violation, cooperating with a government or any other investigation or prosecution of an alleged violation, opposing the employer’s violations of the law, or informing anyone of their rights under the law raises a presumption of retaliation.  San Francisco Police Code § 3300P.6.

Please note that the San Francisco Public Health Emergency Leave Ordinance does not apply to San Francisco workers covered by a collective bargaining agreement, to the extent that such requirements are expressly waived in the agreement in clear and ambiguous terms.  San Francisco Police Code § 3300P.10.

San Francisco workers that suffer a denial of their rights under the San Francisco Public Health Emergency Leave Ordinance, or consequential harassment or retaliation for exercising their rights may file a complaint in court.  San Francisco Police Code § 3300P.9.  Attorney fees are recoverable once the San Francisco worker prevails in court.

You may have a claim under the San Francisco Public Health Emergency Leave Ordinance, which could entitle you to money damages.  If you think you may have a claim against your employer for violating the San Francisco Public Health Emergency Leave Ordinance, contact Astanehe Law for justice.  P: (415) 226-7170.  E: contact@astanehelaw.com.