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San Francisco’s Military Leave Pay Protection Act

On December 12, 2022, San Francisco Supervisors unanimously passed a bill called the Military Leave Pay Protection Act (“MLPPA”) that takes effect on February 19, 2023. 

The MLPPA requires private employers with 100 or more employees to provide supplemental compensation for their employees that serve part-time in the military reserves.  This means military reservists who are called for military duty, must be paid the difference between their military salary and their salary as employees for up to 30 days in a calendar year and to create procedures for implementation and enforcement of this requirement.

Federal law already guarantees that military reserve members will not lose their job when they report for service; still, the MLPPA is the first of its kind because it allows military reserve members to be afforded differential paid leave from private employers during qualifying military leave.  For example, if the wages earned for military service are below what they would receive where they work, then the private employer must cover the difference.  National Guard and military reservists are paid for their service, but that pay is often far below what they would have made at their day job. 

The Office of Labor Standards and Enforcement (“OLSE”) will enforce the new law.  Employers in San Francisco beware, the City can fine companies that violate the law.  If you own a business in San Francisco, make sure you are up to date on this new Ordinance, the MLPPA.  San Francisco has created many laws that most other counties, or even the State of California does not have or is uniquely tailored for San Francisco employers. 

If you own a company in San Francisco, contact the Employer Lawyers at Chauvel & Glatt to make sure you are compliant with the San Francisco Ordinances.  

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact  Chauvel & Glatt at 650-573-9500 for legal assistance near you. (photo credit: depositphotos.com).


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