New San Francisco Ordinance Requiring Employers to Provide Supplemental Pay for Military Leave

On January 20, 2023, San Francisco Mayor London Breed signed into law the Military Leave Pay Protection Act (MLPPA), which will require private employers with 100 or more employees to provide supplemental paid leave during a qualifying military leave for a maximum of 30 days in a calendar year. The MLPPA becomes effective on February 19, 2023, and will make San Francisco the first major city to require private employers to provide paid military leave.

Below are the key highlights of the MLPPA:

Covered Employers
Employers with 100 or more employees, regardless of where they work.

Covered Employees
Employees who work within the geographic boundaries of San Francisco and are a member of the reserve corps of the United States Armed Forces, National Guard, or other US uniformed service organization.

The MLPPA also applies to part-time and temporary employees.

Covered Employers’ Supplemental Compensation Requirement
Covered employers are required to pay covered employees the difference between the amount of the employee’s gross military pay and the amount of gross pay the employee would have received from the employer had the employee worked the employee’s regular work schedule (excluding overtime unless regularly scheduled as part of the employee’s regular work schedule). Leave for military duty with supplemental compensation can be taken in daily increments for up to 30 days in any calendar year.

The MLPPA provides that the San Francisco Office of Labor Standards and Enforcement (OLSE) will issue regulations that are expected to provide additional guidance on the application and enforcement of this Ordinance.

Employers with at least one employee working in San Francisco and at least 100 employees nationwide should be aware of this new update.

San Francisco The Military Leave Pay Protection Act »