What is the travel prohibition?
Chapter 12X of the San Francisco Administrative Code prohibits City-funded for employee travel to states with anti-LGBTQ laws or restrictive abortion laws ("12X Covered States"). This means that, in most cases, employees cannot use tuition reimbursement for expenses related to travel to or in a 12X Covered State. In addition, paid work time may not be used for travel to a 12X Covered State (however vacation or other accrued leave time may be used).
The most current list of 12X Covered States can be found at https://sfgsa.org/chapter-12x-state-ban-list. As of October 16, 2019, that list includes 24 states. The Covered State List is regularly updated, so please make sure to review the most current version on that website.
Are there any exceptions to the travel prohibition?
Yes. Chapter 12X to the Administrative Code does not apply to travel that is (1) necessary for the enforcement of any state or City law; (2) necessary for the defense of any legal claim against the City; (3) required by law; (4) required to meet contractual obligations incurred by the City; or (5) necessary for the protection of public health, welfare, or safety.
What does the travel prohibition apply to?
Employees may not be reimbursed for costs related to lodging, food or incidentals incurred while traveling to or in a 12X Covered State; or for costs related to any mode of transportation to or within a 12X Covered State. Traveling through a 12X Covered State is not prohibited (e.g., a connecting flight in a 12X Covered State, traversing a 12X Covered State via car or train).
What if I received pre-approval to travel to a state that was or will be subsequently added to the Covered State List?
You may be reimbursed for eligible expenses incurred for travel to a Covered State that will take place after the effective date of the prohibition, provided that: 1) you received that approval prior to the state being added to the Covered State List; and 2) your department documents those circumstances to justify the travel approval.
For example, the October 16, 2019 memorandum indicates that travel to North Dakota will be prohibited under 12X effective January 1, 2020. If an employee, before October 16, 2019, requested and received approval to travel to North Dakota after January 1, 2020, the employee may still be reimbursed for eligible pre-approved expenses related to such pre-approved travel.