16 April 2020 Los Angeles, California orders paid leave for COVID-19 absences A Public Order of the City of Los Angeles requires that employers provide employees with supplemental paid leave due to COVID-19 if the employee was employed with the same employer from February 3, 2020, to March 4, 2020, and the employee is unable to telework, as follows: - An employee who works at least 40 hours per week or is classified as a full-time employee by the employer must be paid 80 hours of supplemental paid sick leave. Supplemental paid sick leave must be calculated based on an employee's average two-week pay over the period of February 3, 2020, through March 4, 2020.
- An employee who works less than 40 hours per week and is not classified as a full-time employee by the employer must receive supplemental paid sick leave in an amount no greater than the employee's average two week pay over the period of February 3, 2020, through March 4, 2020.
- In no event is an employer required to provide to an employee supplemental paid sick leave in excess of $511 per day and $5,110 in the aggregate. Employees of joint employers are only entitled to the total aggregate amount of leave specified for employees of one employer.
The order applies to business that have either: - 500 or more employees within the City of Los Angeles
- 2,000 or more employees within the US
For purposes of the order, an employee is any individual who performs any work within the geographic boundaries of the City of Los Angeles and an employer is a person covered under Section of the California Labor Code, including a corporate officer or director, who directly through an agent or any other person, including a temporary help service or agency, employs or exercises control over the payment of wages. Qualified reasons for COVID-19 supplemental paid leave An employer is required to provide supplemental paid sick leave upon the oral or written request of an employee if: - The employee takes time off due to COVID-19 infection or because a public health official or healthcare provider requires or recommends the employee isolate or self-quarantine to prevent the spread of COVID-19.
- The employee takes time off work because 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 takes time off work because he/she needs to care for a family member who is not sick but who public health officials or healthcare providers have required or recommended self-isolate or self-quarantine.
- The employee takes time off work because 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 officials' 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 or other documentation for the use of supplemental paid sick leave. Contact Information For additional information concerning this Alert, please contact: |
——————————————— ATTACHMENT Document ID: 2020-1000 |