(a) It shall be unlawful for an Employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article 13.
(b) It shall be unlawful for an Employer or any other person to discharge, threaten to discharge, demote, suspend, reduce other Employee benefits, or in any manner discriminate or take adverse action against any person in retaliation for exercising rights protected under this Article 13. Such rights include but are not limited to the right to use Public Health Emergency Leave pursuant to this Article 13; the right to file a complaint or inform any person about any Employer’s alleged violation of this Article 13; the right to cooperate with the Agency in its investigations of alleged violations of this Article 13; and the right to inform any person of that person’s potential rights under this Article 13.
(c) It shall be unlawful for any Employer absence control policy to count an Employee’s use of Public Health Emergency Leave as an absence that, alone or in combination with other absences, may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.
(d) Protections of this Section 13.6 shall apply to any person who mistakenly but in good faith alleges violations of this Article 13.
(e) Taking adverse action against a person within 90 days of the person’s filing a complaint with the Agency or a court alleging a violation of any provision of this Article 13; informing any person about an Employer’s alleged violation of this Article; cooperating with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; opposing any policy, practice, or act that is unlawful under this Article; or informing any person of that person’s rights under this Article shall raise a rebuttable presumption that such adverse action was taken in retaliation for the exercise of one or more of the aforementioned rights.
(Added as Police Code Sec. 3300P.6 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)