Los Angeles County Supplemental Paid Sick Leave Signed into Law

Which employers are affected? An employer that has 500 or more employees nationally with the exception of federal, state or local government agencies.  Businesses with collective bargaining agreements in place are exempt.

When is this paid sick leave effective? It is effective immediately and retroactively applies for leave taken starting March 31, 2020, and it is set to expire on December 31, 2020.

Which employees may apply for the supplemental paid sick leave? An employee who is employed on April 28, 2020 and performs any work within the geographic boundaries of unincorporated areas of Los Angeles County.

The first step for many employers will be to determine which, if any, employees work in an unincorporated or incorporated area of LA County.

To review the incorporated cities, please click here.

Are there exceptions for certain employees? Yes, there are 3 notable exemptions for which an employer does not have to provide paid sick leave under this ordinance.

  1. Health Care providers
  2. Emergency responders
  3. Food Sector workers as defined by Governor Newsom’s Executive Order N-51-20

What are the qualifying reasons for an employee being granted this paid sick leave? The employee must be unable to work or telework for one of the 4 qualifying reasons listed below.

  1. The employee takes time off because a public health official or healthcare provider requires or recommends the employees isolate or self-quarantine to prevent the spread of COVID-19;
  2. The employee takes time off work because the employee is subject to a federal, state or local quarantine or isolation order related to COVID-19 (e.g. 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);
  3. The employee takes time off work because the employee needs to care for a family member who is subject to a federal, state or local quarantine or isolation order related to COVID-19 or has been advised by a healthcare provider to self-quarantine related to COVID-19;
  4. 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 official’s recommendation.

What documentation can the employer request to grant leave for these qualifying reasons? This leave must be granted upon written request and a doctor’s note or other documentation may be requested.

Can an employer offset the amount of paid sick leave under this ordinance? Yes. The employer’s obligation to provide 80 hours of paid sick leave for this ordinance is reduced for every hour an employer allowed an employee to take paid leave in an amount equal to or greater than the requirements of this ordinance, not including previously accrued hours, after March 31, 2020 for any reasons set forth above in response to an employee’s inability to work due to COVID-19.

This supplemental paid sick leave ordinance is in addition to California/Los Angeles mandated paid sick leave.

Amount of Leave:  If an employee is unable to work or telework, they are entitled to leave as follows:

  1. An employee who works at more than 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 highest average two week pay over the period of January 1, 2020 through April 28, 2020.
  2. 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 January 1, 2020 through April 28, 2020.

In no event shall the supplemental paid sick leave amount paid to an employee exceed $511 per day and $5,110 in the aggregate.

The full text of the ordinance can be found here.


Michelle Cammayo

About Michelle Cammayo

Michelle Cammayo has more than 13 years of Employee Benefits experience specializing in all lines of health and welfare benefits. Today, Michelle works closely with clients and partners to provide guidance in areas of the law including ERISA, HIPAA, COBRA, FMLA and PPACA. She also oversees the Compliance Department at Bolton & Company to ensure we are helping our clients manage and eliminate risk with regards to employee benefit compliance.

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