Los Angeles County and City of Los Angeles Supplemental Paid Sick Leave Requirements

Los Angeles County and City of Los Angeles Supplemental Paid Sick Leave Requirements

The City and County of Los Angeles passed ordinances in March and April 2020, respectively, mandating employers with 500 or more employees to provide supplemental paid sick leave (SPSL) relating to COVID-19 as follows.

Los Angeles County Ordinance

The Los Angeles County Ordinance (the "County Ordinance," viewable here) applies to an employee who is employed by an employer as of March 31, 2020 in Los Angeles County, which is defined as all unincorporated areas of the County. Under the County Ordinance, employees who are scheduled to work, but who are unable to work or telework because of one of the following reasons, are entitled to SPSL: (1) a public health official or health care provider requires or recommends that the employee isolate or self-quarantine; (2) the employee is subject to a quarantine or isolation order due to COVID-19; (3) the employee needs to care for a family member who is subject to a quarantine or isolation order due to COVID-19; or (4) the employee must care for a family member whose senior or child care provider has ceased operations due to a public health official or health care provider's recommendation. Full-time employees are entitled to SPSL of up to 80 hours, while part-time employees are entitled to no greater than the employee's average two-week pay from January 1, 2020 to March 31, 2020. Also, the County Ordinance imposes a cap on benefits of $511 per day per employee, up to an aggregate of $5,110 per employee.

City of Los Angeles Ordinance

The Los Angeles City Ordinance (the "City Ordinance," viewable here) applies to an employee who has been employed with the same employer from February 3, 2020 through March 4, 2020, and who works in the City of Los Angeles. Under the City Ordinance, employees who are scheduled to work are entitled to SPSL if: (1) a public health official or health care provider requires or recommends that the employee isolate or self-quarantine; (2) the employee is at least 65 years old or has a certain health condition, or weakened immune system; (3) the employee must care for a family member who is not sick, but who public health officials and health care providers have required or recommended isolate or self-quarantine; or (4) the employee needs to care for a family member whose care provider for a senior or child under 18 years of age has ceased operations due to a public health official or health provider's recommendation. Full-time employees are entitled to SPSL of up to 80 hours, while part-time employees are entitled to paid leave calculated based on the employee's average two-week pay over the period of February 3, 2020, to March 4, 2020. Like the County Ordinance, the City Ordinance also imposes a cap on benefits of $511 per day per employee, up to an aggregate of $5,110 per employee.

All provisions of the City Ordinance may be expressly waived in a CBA, but only if the waiver is explicitly set forth in the CBA in clear and unambiguous terms.