On April 7, 2020, Mayor Garcetti issued a Public Order supplementing an ordinance passed by the L.A. City Council related to supplemental paid sick leave for workers affected by COVID-19. The ordinance applies to employers with 500 or more employees within the city of Los Angeles or 2,000 or more employees within the U.S. The following employers are exempt:
- Employers who have an existing policy which provides 160 hours or more of paid leave annually
- New businesses (other than construction) that started in the city (or relocated from outside the city) on or after September 4, 2019, through March 4, 2020
- Any business that has been closed or inoperable for a period of 14 days or more due to a city official’s emergency COVID-19 order
An employee is eligible if they perform any work within the city of Los Angeles for the employer and has been employed with the same employer from February 3, 2020, through March 4, 2020. This includes a corporate officer, executive or temporary staffing worker. Eligible full-time employees may receive up to 80 hours of paid sick leave up to a daily max of $511. Part-time employees may receive paid sick leave based on the average number of hours and pay rate for a two-week period during the eligibility period. Certain emergency, health services and critical parcel delivery personnel are exempt.
To be eligible, an employee must not be able to work (including telework) and satisfy one of the following conditions:
- The employee has been diagnosed withCOVID-19.
- The employee has isolated or self-quarantined because of a requirement or recommendation of a public health official or health care provider.
- 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 needs to care for a family member who is not sick but who public health officials or health care providers have required or recommended isolation or self-quarantine.
- 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 official’s recommendation. This provision is only applicable to an employee who is unable to secure a reasonable alternative caregiver.
Importantly, an employer may not require a doctor’s note or other documentation from the employee. Additionally, if the employer has already provided paid sick leave to an employee for one of these reasons on or after March 4, 2020, the employer may reduce this amount from the maximum hours the employee would otherwise receive under this law.
Mayor’s Supplemental Paid Sick Leave Order »