Insights

San Jose: Paid Sick Leave Ordinance Extended and Expanded


The San Jose COVID-19 Paid Sick Leave Ordinance was originally effective April 7, 2020 and expired December 31, 2020. The ordinance is extended to June 30, 2021.

As a reminder, the law requires employers to provide paid sick leave to employees who are unable to work for one of the following reasons:

  • The employee is subject to quarantine or isolation by federal, state or local order due to COVID-19.
  • The employee is caring for someone who is quarantined or isolated due to COVID-19.
  • The employee is advised by a health care provider to self-quarantine due to COVID-19 or is caring for someone who is so advised by a health-care provider.
  • The employee experiences symptoms of COVID-19 and is seeking medical diagnosis.
  • The employee is caring for a minor child because a school or daycare is closed due to COVID-19.

Employers who were required to provide leave under FFCRA were previously exempt. However, now that leave under FFCRA is optional for employers, the paid sick leave ordinance applies to all employers that meet the following two requirements:

  • The employer is subject to the Business License Tax required by Chapter 4.76 of the Municipal Code, or maintains a facility within the boundaries of the City; and
  • The employer is lawfully allowed to conduct business activities under the County of Santa Clara, state or federal health orders.

Employees are eligible only if they leave their residence to perform work and they have worked for the employer within the city of San Jose for at least two weeks.

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.

Employers who were originally exempt because of FFCRA should update their leave policies and communicate eligibility to employees in compliance with the revised ordinance.

Paid Sick Leave Ordinance, Extended and Expanded »