For purposes of this Article 32, the following definitions apply.
“Agency” means the Office of Labor Standards Enforcement or any successor department or office.
“Caregiver” means an Employee who is a primary contributor to the ongoing care of any of the following:
(1) A Child or Children for whom the Employee has assumed parental responsibility.
(2) A person or persons with a Serious Health Condition in a Family Relationship with the Caregiver.
(3) A person who is age 65 or older and in a Family Relationship with a Caregiver.
“Child” and “Children” mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is under 18 years of age.
“City” means the City and County of San Francisco.
“Director” means the Director of the Office of Labor Standards Enforcement or the Director’s designee.
“Employee” means any person who is employed by an Employer, who regularly works at least eight hours per week within the geographic boundaries of the City for the Employer including part-time employees, provided that Telework shall be considered work within the geographic boundaries of the City. “Employee” includes a participant in a Welfare-to-Work Program when the participant is engaged in work activity that would be considered “employment” under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and any applicable U.S. Department of Labor Guidelines. “Welfare-to-Work Program” shall include any public assistance program administered by the Human Services Agency, including but not limited to CalWORKS, and any successor programs that are substantially similar, that require a public assistance applicant or recipient to work in exchange for their grant.
“Employer” means the City, or any person as defined in Section 18 of the California Labor Code who regularly employs 20 or more employees, regardless of location, including an agent of that Employer and corporate officers or executives who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employ or exercise control over the wages, hours, or working conditions of an Employee. The term “Employer” shall also include any successor in interest of an Employer. The term “Employer” shall not include the state or federal government or any local government entity other than the City.
“Family Relationship” means a relationship in which a Caregiver is related by blood, legal custody, marriage, or domestic partnerships, as defined in San Francisco Administrative Code Chapter 62 or California Family Code Section 297, as either may be amended from time to time, to another person as a spouse, domestic partner, child, parent, sibling, grandchild, or grandparent.
“Flexible Working Arrangement” means a change in an Employee’s terms and conditions of employment that provides flexibility to assist an Employee with caregiving responsibilities.
Operative Date of Amendments1 means 90 days after the effective date of the ordinance in Board File No. 211296 amending this Article 32 that was introduced at the Board of Supervisors on December 14, 2021.
“Predictable Working Arrangement” means a change in an Employee’s terms and conditions of employment that provides scheduling predictability to assist that Employee with caregiving responsibilities.
“Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following:
(1) Inpatient care in a hospital, hospice, or residential health care facility.
(2) Continuing treatment or continuing supervision by a health care provider.
“Telework” means an Employee’s work for an Employer from the Employee’s residence or other location that is not an office or worksite of the Employer if the Employer maintains an office or worksite within the geographic boundaries of the City at which the Employee may work, or prior to the COVID-19 pandemic was permitted to work.
“Work Schedule” means those days and times within a work period that an Employee is required by an Employer to perform the duties of the Employee’s employment for which the Employee will receive compensation.
(Added as Administrative Code Sec. 12Z.3 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; amended by Ord. 3-14, File No. 131191, App. 1/14/2014, Eff. 2/13/2014; Ord. 39-22, File No. 211296, App. 3/14/2022, Eff. 4/14/2022, Oper. 7/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
CODIFICATION NOTE
1. So in Ord. 39-22.