Los Angeles City: Supplemental Paid Sick Leave Revised

The City Council and Mayor Garcetti recently revised the Supplemental Paid Sick Leave Ordinance, which was originally enacted on April 7, 2020. 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.
• Governmental agencies, emergency and health services personnel, and global parcel delivery services.

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.

Originally, an employee was eligible if they performed any work within the city of Los Angeles for the employer and had been employed with the same employer from February 3, 2020, through March 4, 2020.  These terms of eligibility excluded new employees because the public health emergency has continued for such a lengthy period. Accordingly, the city revised the ordinance to allow certain employees who have been employed by the employer for 60 days to become eligible. The revisions were effective February 10, 2021.

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 with COVID-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 childcare 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.

An employer may not require a doctor’s note nor other documentation from the employee.

Employers should revise their policies and communicate eligibility to newer employees who were previously excluded. The ordinance will remain in effect until two weeks after the end of the local COVID-19 health emergency.

Supplemental Paid Sick Leave Ordinance, Revised »