Job protected leave for employees who take time off for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces.  Leave protections cover a broad range of armed and unarmed uniformed service members.

Employees who are members of the Armed Forces, including Reservists and National Guard members, ordered to report for military duty, such as training, periods of active military service, and funeral honors duty.

The length of the leave is determined by the military orders given to the employee.

A portion of the leave may be paid if required by law. Under California's Military and Veterans Code employees with at least one year of service with a public employer who are on leave for less than 180 calendar days are entitled to their regular salary for the first 30 calendar days of leave for military service.

The San Francisco Charter provides ongoing supplemental pay for certain employees called to active duty for more than 30 calendar days. The supplemental pay ensures that employees receive the difference between the employee's gross military pay and the employee’s gross salary while on certain military leaves.

To requests military leave, complete and return a Request for Leave and Leave Protections form  to a designated human resources representative, manager or supervisor along with a copy of the military orders, or other official documents supporting the need for leave.

Job-protected leave for certain service-related activities covered under the Family Medical Leave Act (FMLA). This leave counts towards an employee's 12 workweek entitlement for FMLA leave. The leave may be used to address exigent circumstances associated with:

• Short notice deployment (up to 7 days);
• Military events (ceremonies, family support or assistance programs, informational briefings);
• Financial and legal arrangements (transferring bank accounts, preparing wills);
• Counseling (to attend counseling for self or other, related to exigency); or
• To spend time with a servicemember on Rest and Recuperation from covered active duty (up to 15 days).

California's Military and Veterans Code also guarantees that qualified employees are entitled to 10 days of unpaid, job-protected leave while the employee's spouse is on leave from active military duty.

Employees who:

• Been employed by the City for 12 months (need not to be continuous); AND
• Worked 1,250 hours during the 12 months prior to the start of leave; AND
• A spouse, parent or child of any age are in the Armed Forces and who is on covered duty or has been called to covered active duty

These eligibility requirements do not apply to California’s leave for military spouses.

The length of the leave varies based on the type of exigency. FMLA regulations specify the length of leave for some exigencies; however, the length of leave will be determined by the circumstances where FMLA regulations do not limit the duration.

Military exigency leave is unpaid; however, depending on the applicable MOU, employees may be required to use accrued vacation during an unpaid military exigency leave. Employees can also elect to use other accrued leave such as floating holidays and compensatory time off. Use of paid sick leave during a military leave is limited to reasons covered under Article VII of the Civil Service Rules .

To request military exigency leave, complete and return Request for Leave and Leave Protections  and WH-384: Certification of Qualifying Exigency  forms to a designated human resources representative, manager or supervisor. Employees may be required to submit additional information such as official documents announcing a military event or military orders to confirm eligibility for the leave.

The Family Medical Leave Act (FMLA) provides up to 26 weeks of unpaid, job-protected leave within a single 12-month period – this includes any time taken for another FMLA-qualifying purpose – to care for a seriously ill or injured servicemember or for a qualified veteran. Covered conditions include illnesses or injuries incurred in the line of active duty, or illnesses and injuries that existed before duty and were aggravated by service rendering the servicemember medically unfit to perform duties or work.

Employees who:

• Have been employed by the City for 12 months (need not to be continuous); AND
• Have worked 1,250 hours during the 12 months prior to the start of leave; AND
• Have a spouse, parent, child of any age or next of kin that has a qualifying illness or injury.

The leave is up to 26 workweeks within a single 12-month period.

The leave is unpaid, however, employees may be required to use their accrued vacation, CTO and floating holidays during their unpaid FMLA leave. Employees can also elect to use sick leave while caring for a servicemember who is also a qualifying family member.

To request leave to care for an ill or injured servicemember, complete and return the following forms to a designated human resources representative, manager or supervisor. Employees may be required to submit medical certification supporting the need for leave to care for the affected servicemember.

• Request for Leave and Leave Protections
• WH-385: Certification of Serious Illness or Injury - Current Service Member
• WH-385-V: Certification of Serious Illness or Injury - Veteran