10 Apr

April 2020: LA City Supplemental Paid Sick Leave

Posted at

2:00pm

in

Applies to:
Businesses who operate within the City of Los Angeles.

Employers with either (1) 500 or more employees within the city of Los Angeles, or (2) 2,000 or more employees within the United States.

What happened?
The Mayor superseded an ordinance established by the City Council to require Supplemental Paid Sick Leave to employees who perform work within the City of Los Angeles. Any staff who have been employed by the same employer from February 3, 2020 – March 4, 2020 is eligible for this leave.

What are the details?
Effective April 10, 2020 covered employers shall provide 80 hours of Supplemental Paid Sick Leave to Full Time Employees. Part Time Employees (work less than 40 hours/week) shall receive the average number of hours worked for a two-week period between February 3, 2020 – March 4, 2020.

Time off must be provided for the following covered reasons:

  1. Provide time off because a “public health official or health provider requires or recommends the employee isolate or self-quarantine” due to COVID-19;
  2. If an employee takes time off and is at least 65 years old, or has an underlying health condition that puts them at risk;
  3. The employee needs to care for a family member who is not sick, but has been recommended, or required to, self-quarantine;
  4. The employee needs to provide care for a family member whose senior care provider, school, or childcare provider is closed, and no other care is available.

Payments are capped at $511 per day, and $5,110 in the aggregate.

Employees can submit a request either orally or in writing. The employer is prohibited from requiring a doctor’s note for use of supplemental paid sick leave.

Exemptions
The following industries are exempt from this Public Order:

  • Emergency and Health Services Personnel
  • Critical Parcel Delivery – If deemed as essential emergency service
  • Generous Leave – Any employer that provides a minimum of 160 hours of paid leave annually.
  • New Business – All new businesses, except for construction or film producers, which opened within the city limits between April 4, 2019 and March 4, 2020 are exempt from this Public Order. In addition, if any business relocated to the City during this same time is also exempt.
  • Government – Government employees are exempt from this Public OrderClosed Businesses – Any business or organization closed for at least 14 days due to the city
  • official’s emergency order, or has provided at least 14 days of paid leave
  • Collective Bargaining – Current agreements are exempt only if they already include COVID-19 related sick leave provisions.

In addition, if an employer has provided paid time off for one of the approved reasons listed above, they can reduce their liability accordingly.

This Order shall remain in effect until two calendar weeks (14 days) after the expiration of the COVID-19 local emergency period.

What do employers need to do?
Ensure workers are provided paid sick leave in compliance with the above and notified of their rights under this Order.

Supplemental Paid Sick Leave Order:
City of Los Angeles – Public Order Under City of Los Angeles Emergency Authority

Articles:
Jackson Lewis: California Workplace Law Blog
Sheppard Mullin: Labor & Employment Law Blog

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