Yesterday, April 7, 2020, Mayor Garcetti signed the COVID-19 Supplemental Paid Sick Leave law. The final law changed some of the provisions that were voted on and passed by City Council on March 27, 2020. The law becomes effective immediately. It will remain in effect until two calendar weeks after the expiration of the COVID-19 local emergency period.
The final Order can be viewed here, and sets forth the following:
An employee who has been employed with the same employer from February 3, 2020 through March 4, 2020, is entitled to supplemental paid sick leave. The employee must perform any work within the geographic boundaries of the City for the employer.
Applies to an employer that has either (i) 500 or more employees within the City of Los Angeles, or (ii) 2,000 or more employees within the United States.
Amount of Leave:
If an employee is unable to work or telework, they are entitled to leave as follows:
- An employee who works at least 40 hours per week or is classified as a full-time employee by the employer shall receive 80 hours of supplemental paid sick leave. Supplemental paid sick leave shall be calculated based on an employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.
- An employee who works less than 40 hours per week and is not classified as a full-time employee by the employer shall receive supplemental paid sick leave in an amount no greater than the employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.
Cap on payments:
The amount paid to an employee is limited to $511 per day and $5,110 in the aggregate. Employees of joint employers are only entitled to the total aggregate amount of leave specified employees of one employer.
Qualifying Reasons for Leave:
Supplemental paid sick leave upon the oral or written request of an Employee if:
- The employee takes time off due to COVID-19 infection or because a public health official or healthcare provider requires or recommends the employee isolate or self quarantine to prevent the spread of COVID-19;
- The Employee takes time off work because the employee is at least 65 years old or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system;
- The employee takes time off work because the employee needs to care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self-quarantine; or
- The employee takes time off work because the employee needs to provide care for a family member whose senior care provider or whose school or child care provider caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public officials recommendation. This provision is only applicable to an Employee who is unable to secure a reasonable alternative caregiver.
An Employer may not require a doctor’s note or other documentation for the use of Supplemental Paid Sick Leave.
This requirement will be reduced for every hour an employer provides paid leave to an employee (except for previously accrued hours) on or after March 4, 2020 for any reasons set forth above or in response to an employee’s inability to work due to COVID-19.
Businesses Exempt From the Supplemental Paid Sick Leave:
- Emergency and health services personnel.
- Critical parcel delivery employees.
- Employers who have a paid leave or paid time off policy that provides a minimum of 160 hours of paid leave annually.
- New businesses that started in the City or relocated to the City on or after September 4, 2019 through March 4, 2020.
- Government employees.
- Closed businesses and organizations – Any business or organization that was closed or not operating for a period of 14 or more days due to a city official’s emergency order because of the COVID-19 pandemic or provided at least 14 days of leave shall be exempt from the Order.