§ 12Z.3. DEFINITIONS.

For purposes of this Chapter, 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 parent age 65 or over of the 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 his or her designee.

"Employee" means any person who is employed within the geographic boundaries of the City by an Employer, including part-time employees. "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, 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. A Flexible Working Arrangement may include but is not limited to a modified work schedule, changes in start and/or end times for work, part-time employment, job sharing arrangements, working from home, telecommuting, reduction or change in work duties, or part-year employment.

"Major Life Event" means the birth of an Employee's child, the placement with an Employee of a child through adoption or foster care, or an increase in an Employee's care giving duties for a person with a Serious Health Condition who is in a Family Relationship with the Employee.

"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.

"Work Schedule" means those days and times within a work period that an Employee is required by an Employer to perform the duties of his or her employment for which he or she will receive compensation.

(Added by Ord. , File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; amended by Ord. , File No. 131191, App. 1/14/2014, Eff. 2/13/2014)