The City of San Francisco recently enacted a first-of-its-kind municipal ordinance, the Military Leave Pay Protection Act, mandating that private employers provide paid military leave to their employees. As explained below, the ordinance requires that employers pay the differential between an employee’s military pay and their regular pay. It takes effect on February 19, 2023.
The ordinance applies to private employers of 100 of more employees “regardless of location.” An “employee” includes any employee who works within the geographic boundaries of San Francisco (including part-time and temporary employees) and who is a member of the reserve corps of the United States Armed Forces, National Guard, or other uniformed service organization of the United States. Employees covered by a collective bargaining agreement that expressly waives the ordinance’s requirements “in clear and unambiguous terms” are not covered by the ordinance.
A covered employee qualifies for supplemental compensation while on “military duty” leave. Military duty leave is broadly defined as: “[A]ctive military service in response to the September 11, 2001 terrorist attacks, international terrorism, the conflict in Iraq, or related extraordinary circumstances, or military service to provide medical or logistical support to federal, state, or local government responses to the COVID-19 pandemic, natural disasters, or engagement in military duty ordered for the purposes of...
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