For purposes of this Article 13, the following definitions apply:
“Agency” means the Office of Labor Standards Enforcement or its successor agency.
“Air Quality Emergency” means a day when the Bay Area Air Quality Management District issues a Spare the Air Alert.
“City” means the City and County of San Francisco.
“Emergency Responder” means an Employee whose work involves emergency medical services, including but not limited to emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, 911 operators, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a Public Health Emergency.
“Employee” means any person providing labor or services for remuneration who is an employee under California Labor Code Section 2775, as may be amended from time to time, including a part-time or temporary employee, and who performs work as an employee 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 (FLSA), 29 U.S.C. §§ 201 et seq., and any applicable U.S. Department of Labor Guidelines. “Welfare-to-Work Program” includes any public assistance program administered by the Human Services Agency, including but not limited to CalWORKS and the County Adult Assistance Program (CAAP), and any substantially similar successor programs, that require a public assistance applicant or recipient to work in exchange for their grant.
“Employer” means any person, as defined in Section 18 of the California Labor and Employment Code, including 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, employs or exercises control over the wages, hours, or working conditions of 100 or more employees worldwide, including one or more Employees; provided however that “Employer” shall not include a Non-Profit Organization if the majority of the annual revenue of the Non-Profit Organization is program service revenue that is not unrelated business taxable income under 26 U.S.C. § 512, as may be amended from time to time, and the Non-Profit Organization does not engage in Healthcare Operations. “Employer” shall include the City, but shall not include any government entity other than the City.
“Family Member” means any person for whom an Employee may use paid sick leave to provide care pursuant to Labor and Employment Code Section 11.4(a), as may be amended from time to time.
“Healthcare Operations” means the provision of diagnostic and healthcare services and devices including, without limitation, hospitals, medical clinics, diagnostic testing locations, dentists, pharmacies, blood banks and blood drives, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. “Healthcare Operations” excludes fitness and exercise gyms and similar facilities.
“Healthcare Provider” means a “Health care provider” as that term is defined in the regulations implementing the federal Family and Medical Leave Act, 29 C.F.R. § 825.102, as may be amended from time to time.
“Nonprofit Organization” means a nonprofit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid nonprofit status under 26 U.S.C. § 501(c)(3), as may be amended from time to time, and all rules and regulations promulgated under such Section.
“Operative Date” means the date this Article 13 becomes operative, which shall be October 1, 2022.
“Public Health Emergency” means a local or statewide health emergency related to any contagious, infectious, or communicable disease, declared by the City’s local health officer or the state health officer pursuant to the California Health and Safety Code, or an Air Quality Emergency.
“Vulnerable Population” means a person who has been diagnosed with heart or lung disease; has respiratory problems including but not limited to asthma, emphysema, and chronic obstructive pulmonary disease; is pregnant; or is age 60 or older.
(Added as Police Code Sec. 3300P.2 by Proposition G, 6/7/2022, Eff. 7/10/2022, Oper. 10/1/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)