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20 Jul

July 2020: New California Local Ordinances Take Effect

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What happened?
The County of San Mateo and the Cities of Sacramento and Santa Rosa have passed their own Emergency Paid Sick Leave ordinances.

What are the details?
San Mateo
The County Board of Supervisors enacted an ordinance on July 7, 2020 that is effective as of July 8, 2020. This ordinance will sunset on December 31, 2020. The ordinance looks to fill the gaps of coverage left by the federal Families First Coronavirus Response Act (FFCRA), applying only to employers with 500 or more employees within the United States, which includes any U.S. state, the District of Columbia, or any territory or possession of the United States. This ordinance, and the definition of Employer, does not apply to federal, state, or local government agencies. It will provide 80 hours of paid sick leave for full-time employees that need to quarantine or take care of others quarantining. Other situations exist that permit the use of the sick leave. Part-time employees will receive sick leave equal to the average amount of hours the employee works over a two-week period, calculating from January 1, 2020 to July 7, 2020.

The ordinance itself can be found here.

Santa Rosa
The Santa Rosa City Council enacted a temporary sick leave ordinance on July 7, 2020,
effective immediately. This ordinance will also sunset on December 31, 2020. This ordinance is very similar to the County of San Mateo’s ordinance. It exists to fill the gaps of the FFCRA. This ordinance applies to employers with 500 or more employees and an exemption exists for employers with 50 or fewer employees regarding employee childcare. Employers will need to also provide 80 hours of paid sick leave for their full-time employees for COVID-19-related reasons. Part-time employees will receive paid sick leave equal to the average amount of time they worked over a two-week period.

The ordinance itself can be found here.

Sacramento
On June 30, 2020, the City Council of Sacramento passed Ordinance No. 2020-00776, the
Sacramento Worker Protection, Health, and Safety Act (the Act). It is effective as of July 15,
2020 and will sunset December 31, 2020. The Act applies only to employers with 500 or more employees nationally. However, an employer of an employee who is a health care provider or emergency responder may exclude those employees from the ordinance’s requirements. The Act is much more inclusive than the ordinances from San Mateo and Santa Rosa. The Act not only provides coverage to the employees not covered by the FFCRA, it provides new requirements for employers to adhere to before having employees return to the workplace. Some of the requirements are simple like implementing social distancing measures, while others may be more complex, like creating a protocol for employees on what to do when a location is exposed to a person with a probable or confirmed case of COVID-19. Like Santa Rosa’s and San Mateo’s ordinances, the Act also provides the expected 80 hours of paid sick leave to full-time employees. Part-time employees will receive paid sick leave equal to the average amount of hours the employee worked per week since January 30, 2020, then multiply that average by two.

The Act can be found here.

A more detailed summary of each city’s new ordinance can be found here.

What do employers need to do?
Employers active in these cities should look to provide training for their managers and
supervisors regarding the new policies and procedures of employees requesting paid sick leave. Employers in Sacramento should look to update their workplace policies and procedures to accommodate the Act’s requirements.

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