San Francisco County Municipal Code Art. I In General

Sec. 16.1. Military Leaves – Payment of Salaries for Thirty-Day Period. Sec. 16.2. Military Leaves – Authorized for Sea Duty Aboard Government Operated Ships. Sec. 16.3. Hours of City Offices. Sec. 16.4. Indigenous Peoples Day. Sec. 16.4-1. Italian American Heritage Day. Sec. 16.5. Cesar Chavez Day.

Sec. 16.6. Representation of City and County in Certain Organizations – Memberships in Organizations Authorized. Sec. 16.6-1. Representation of City and County in Certain Organizations – Representatives at Meetings – Voting Contrary to City Policy. Sec. 16.7. Reimbursement for Funeral Costs. Sec. 16.8. Employee Regional Disaster Support Program. Sec. 16.9-2. Peace Officer Training. Sec. 16.9-21. Duties of Interns. Sec. 16.9-22. Hold Harmless Clause. Sec. 16.9-24. Equal Employment Opportunity Plans. Sec. 16.9-25. Sexual Harassment Policy. Sec. 16.9-26. Lactation in the Workplace Policy. Sec. 16.9-27. Harassment Prevention Training and Reporting. Sec. 16.9-28. Implicit Bias Training and Reporting. Sec. 16.9-29. Collection of Sexual Orientation and Gender Identity Information. Sec. 16.9-29A. T. J. Anthony Employee Catastrophic Illness Program – Transfer of Sick Leave and Vacation Credits to a Pool for the Benefit of Catastrophically Ill City Employees. Sec. 16.9-29B. Program for Employees with Catastrophically Ill Family Members – Transfer of Vacation Credits to Individual Employees with a Catastrophically Ill Family Member. Sec. 16.9-31. State Disability Insurance Program Enrollment.

Any officer or employee of the City and County or any non-certificated officer or employee of the Unified School District of the City and County who, in accordance with the rules of the Civil Service Commission, is granted military leave for service in the Armed Forces of the United States or the State and who has been in the employ of the City and County or the Unified School District for a period of not less than one year continuously prior to the date upon which such military leave begins, shall be granted his regular salary or compensation while on such leave for a period not to exceed 30 calendar days in any fiscal year nor for more than 30 calendar days in any period of continuous military leave. The Civil Service Commission is authorized to adopt and enforce rules and regulations to carry out the meaning and intent of this Section. (Ord. No. 6285(1939), Secs. 1, 2)

SHIPS. Subject to rules of the Civil Service Commission, leaves of absence shall be granted to officers and employees of the City and County and to noncertificated officers and employees of the Unified School District for sea duty as licensed officers aboard ships operated by or for the United States government. The duration of such leaves of absence, under such Civil Service Commission rules, shall be limited to the period of any emergency declared by the president of the United States or by the Congress, or to the life of any act authorizing compulsory military service or training. (Ord. No. 6644(1939), Sec. 1; amended by Ord. 149-00, File No. 000696, App. 6/30/2000)

(a) Except where otherwise provided by law, all public offices shall be open for business every day, except legal holidays other than days on which an election is held throughout the State, from 8:30 a.m., until 5:00 p.m., except where additional hours are set for the department by the department head. (b) The offices of the City and County shall be closed on Saturday of each week during the year, except where otherwise determined by the department head.

(As Sec. 16.4 by Ord. No. 6896(1939), Sec. 1; amended by Ord. 287-96, App. 7/12/96; Ord. 438-96, App. 11/8/96; Ord. 149-00, File No. 000696, App. 6/30/2000; redesignated by Ord. 16-18, File No. 171138, App. 2/9/2018, Eff. 3/12/2018)

(a) March 31st shall be a holiday, known as "Cesar Chavez Day." (b) This section shall create a paid holiday for represented employees of the City and County of San Francisco only to the extent allowed by ratified Memoranda of Understanding between the City and the affected recognized employee organizations. This section will not create a paid holiday for City employees until funds have been allocated for such a holiday. (c) The process for establishing a paid holiday for City employees is the following: (1) For employees represented by an employee organization whose labor contract (Memorandum of Understanding, or MOU) contains the following, or a similar, provision, "Any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governoror the Presidentthe Mayor may, by proclamation, provide a paid holiday for those employees covered by the MOU. (2) For employees represented by an employee organization whose MOU does not contain the language included in subparagraph (1) above, or if the Mayor does not exercise her or his authority under the language in subparagraph (1) above, the Mayor, through the Department of Human Resources, may meet and confer with employee representatives and propose an amendment to the MOU that will provide a paid holiday for those employees covered by the MOU. Such a proposed MOU amendment, if agreed upon by the labor organization and the Mayor, must be approved, or rejected, by the Board of Supervisors, and would become effective the following fiscal year. (3) For employees who are not represented by an employee organization, the City, by an ordinance approved by the Board of Supervisors, may amend the Unrepresented Employees Ordinance to provide an additional paid holiday for unrepresented City employees. (Added by Ord. 67-01, File No. 010529, App. 5/4/2001)

(a) The Board of Supervisors finds that funerals for active duty City employees who have died in the line of duty often become civic events and by their size and public nature can impose extraordinary costs and hardships upon the families of the deceased, making it appropriate for the City to contribute to the costs of these events. (b) The Director of Human Resources may authorize payment of some or all of the funeral expenses of active duty City employees whose death is caused by an injury sustained by the employee arising out of and in the course of his or her employment. The Controller may transfer funds to the Director of Human Resources for such purposes from any legally available source. (c) The Board intends that this Section be given retroactive effect so as to authorize contributions to funeral expenses incurred after July 1, 2006. (Added by Ord. 276-06, File No. 061167, App. 11/17/2006)

(a) Findings. (1) Beginning Sunday, October 8, 2017, devastating and deadly fires swept through Sonoma, Napa, Solano, and other counties in the North Bay (the “North Bay Fires”), burning for days and sometimes weeks, forcing the evacuation of approximately 90,000 people, destroying over 7,200 homes and commercial buildings, including in some cases entire communities, and resulting in the deaths of at least 42 people. The City and County of San Francisco (“City”) dispatched firefighters and other first responders to provide mutual aid and support for the communities and people affected by the North Bay Fires. (2) While the North Bay Fires did not directly affect the City, other than presenting smoke and air quality concerns, many City employees live in the affected areas. Some City employees were evacuated for days or lost their homes, cars, and most other possessions. While the City provides high-quality benefits to its employees, including generous paid time off, health coverage, and an Employee Assistance Program, additional support for these employees is needed in times of dire emergency resulting in extraordinary loss and harm. (3) While the region encompassing the City and Bay Area is a wonderful, thriving, and diverse place to live, it is vulnerable to natural disasters such as earthquakes, flooding, and fires. The Bay Area recently marked the 28th anniversary of the devastating Loma Prieta earthquake, with over 50 deaths, the catastrophic failure of several of the region’s major transportation structures, including the Bay Bridge, and severe damage throughout the Bay Area. And there is the always the potential for a disaster resulting from a terrorist attack. Tragedy can strike at any moment and render unthinkable consequences. (4) The Board of Supervisors finds and hereby declares that it is in the public interest to provide a program to support City employees directly and significantly harmed by a regional disaster, through paid time off from work not to exceed 80 hours. Just as the City provided mutual aid and support to areas ravaged by the North Bay Fires, the City must support its employees suffering trauma and tragedy because of the direct and significant adverse effects of those fires, and be prepared to support employees in the event of future regional disasters. Such a program provides vital time and support to City employees directly and significantly harmed by a disaster, allowing them needed resources to focus on their recovery efforts, so they can return to work as soon as possible and function at full capacity in the service of the City and its residents. In addition, such a program is an important benefit for employees, and results in a more loyal, committed, and stable workforce. (b) Purpose. The City hereby establishes an Employee Regional Disaster Support Program (“Program”). The purpose of the Program is to provide City employees directly and significantly harmed by a Regional Disaster with Paid Release Time from work so they may focus their time, energy, and effort on recovering from the Regional Disaster, to facilitate their returning to work as soon as possible and functioning at full capacity in the service of the City and its residents. (c) Definitions. For purposes of this Section 16.8, the following definitions apply: “Employee” shall mean a full or part-time employee of the City appointed to a position with a regular work schedule. “Paid Release Time” shall mean up to 80 hours of paid time off work. Not every Regional Disaster will warrant 80 hours of Paid Release Time, and eligible employees will not all receive the same amount of Paid Release Time. The criteria set by the Human Resources Director or designee under subsection (e)(1) will determine which employees are eligible for Paid Release Time and the amount of Paid Release Time they may receive under the Program, subject to approval by their Appointing Officer or designee. “Regional Disaster” is an event that meets all of the following criteria: it (1) (A) occurs in one or more of the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma) or (B) occurs in Tuolumne,

Stanislaus and San Joaquin counties; (2) involves a natural disaster such as an earthquake, flood, or fire, or a man-made disaster such as a terrorist attack; and (3) (A) temporarily or permanently displaces City employees from their primary residences in counties listed in criterion (1)(A) or otherwise directly and significantly affects those employees’ ability to report to work or perform their duties as City employees; or (B) for City employees regularly assigned to work at City facilities in counties listed in criterion (1)(B), temporarily or permanently displaces those employees from their primary residence in those counties or otherwise directly and significantly affects their ability to report to work or perform their duties as City employees. (d) Declaration of Regional Disaster. The Mayor may trigger the Program by declaring a Regional Disaster, which declaration may be retroactive to the start date of the Regional Disaster for purposes of the Program and an employee’s eligibility for Paid Release Time. The declaration shall establish an end date for the Program under the declared Regional Disaster, based on relevant factors including, but not limited to, the nature and scale of the Regional Disaster, the anticipated recovery period for City employees, the number of City employees affected by that Regional Disaster, and its effect on those City employees. If additional time is needed to effectuate the purpose of the Program, the Mayor may extend the declaration of Regional Disaster. (e) Criteria for Paid Release Time under the Program; Notice to Employees. (1) If the Mayor declares a Regional Disaster under subsection (d), the Human Resources Director or designee shall promptly issue an order establishing criteria for eligibility under the Program for the declared Regional Disaster. The criteria may include the conditions that warrant Paid Release Time and the amount of Paid Release Time that may be provided for those conditions. (2) The Human Resources Director or designee shall arrange for notice to City employees about the declaration of the Regional Disaster, the criteria for eligibility for the Program, and the end date for the Program for that declared Regional Disaster. The Human Resources Director or designee shall seek to identify employees who may have been directly and significantly harmed by the Regional Disaster using available information, and to provide targeted notice to those employees. Both the general notice and the targeted notice shall include information about the procedures and deadlines to apply for the Program, and such other information as the Human Resources Director deems appropriate. In addition, the Human Resources Director shall make any forms that employees must complete to apply for the Program readily available to employees. (3) If the Mayor extends the declaration of a Regional Disaster, the Human Resources Director or designee shall arrange for an additional general notice and an additional targeted notice to City employees about the extended declaration of the Regional Disaster. (f) Paid Release Time. (1) Employees who are eligible for the Program for a declared Regional Disaster, based on the criteria established by the Human Resources Director under subsection (e)(1), may receive Paid Release Time in accordance with those criteria and as other otherwise provided in subsections (f) and (g). (2) To receive Paid Release Time, the employee’s Appointing Officer or designee must approve the Paid Release Time. The Appointing Office shall have discretion to grant or deny the Paid Release Time, and employees meeting the eligibility criteria are not automatically entitled to Paid Release Time, as further provided in subsection (g)(4). (3) Employees must use the Paid Release Time before the end date for the Program for the declared Regional Disaster, as established by the Mayor in the declaration of Regional Disaster. If the Mayor extends the declaration of Regional Disaster, then that will extend the end date to use Paid Release Time under the Program for that declared Regional Disaster. (4) Employees may not bank or accrue Paid Release Time under the Program. Paid Release Time under the Program may not be cashed out, upon separation from employment or otherwise. (5) Paid Release Time shall not be considered hours worked for purposes of calculating overtime. (6) If an employee’s Appointing Officer or designee has approved Paid Release Time for a declared Regional Disaster, and the employee had already used his or her paid time off balances to take approved time off work in response to the Regional Disaster, then, at the request of the employee, the City shall substitute the approved Paid Release Time for an equivalent amount of the previously taken paid time off and the City shall restore that amount of paid time off to the employee’s time off balances. (7) If an employee’s Appointing Officer or designee has approved Paid Release Time for a declared Regional Disaster, and the employee took approved unpaid leave from work in response to the Regional Disaster, then, at the request of the employee, the City shall redesignate a portion of the unpaid time that is equivalent to the approved Paid Release Time as Paid Release Time and shall provide the employee with back pay for that time. (g) Procedures to Apply for the Program. (1) Employees may apply for the Program using the procedures set and forms provided by the Human Resources Director or designee under subsection (e)(2). Employees shall submit their application to their Appointing Officer or designee. Along with the application forms, the employee shall provide any supporting documentation required by the application form or the Appointing Officer. (2) To receive Paid Release Time, an employee must execute a certificate of eligibility under penalty of perjury. The Department of Human R

r subsection (e)(2). Employees shall submit their application to their Appointing Officer or designee. Along with the application forms, the employee shall provide any supporting documentation required by the application form or the Appointing Officer. (2) To receive Paid Release Time, an employee must execute a certificate of eligibility under penalty of perjury. The Department of Human Resources shall develop the certificate form. (3) The Appointing Officer or designee shall review the application and documentation supporting the application, and may ask the employee to submit further documentation. (4) The Appointing Officer or designee shall grant or deny the application and notify the employee of the determination. If the Appointing Officer grants the application, the notice shall specify the amount of Paid Release Time granted. The Appointing Officer or designee shall deny the application if the employee does not meet the criteria for eligibility established by the Human Resources Director

or designee, does not provide the certificate required under subsection (g)(2), or fails to provide requested documentation, absent exceptional circumstances. The Appointing Officer or designee may deny the application based on the operational needs of the department. The decision of the Appointing Officer or designee is final. (h) Administration and Rule-Making Authority. The Human Resources Director or designee has the authority to establish rules and guidelines not inconsistent with this Section 16.8 to implement the Program. The Department of Human Resources has the authority to administer the Program and enforce its requirements. (i) Ineligibility for Workers’ Compensation. Similar to vacation or other forms of paid time off work, Paid Release Time under the Program is not considered City employment or service for purposes of workers’ compensation laws and benefits, and employees injured or becoming ill while on Paid Release Time shall not be eligible for workers’ compensation benefits simply by virtue of their paid status. (j) Promotion of General Welfare. In undertaking the adoption and enforcement of this Section 16.8, the City is assuming an undertaking only to promote the general welfare and the welfare of its employees. 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, including any employee, who claims that such breach proximately caused injury. (Added by Ord. 115-18, File No. 171137, App. 5/17/2018, Eff. 6/17/2018; amended by Ord. 214-20, File No. 201005, App. 10/30/2020, Eff. 11/30/2020)