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  • Mayor Emergency Order - Paid Sick Leave

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    On March 27, the Los Angeles City Council approved a Supplemental Paid Sick Leave Ordinance, which would have applied to businesses with have 500 employees or more nationwide. While this was good for small businesses, there were still provisions in the Ordinance that were concerning for the business community.
    Supplemental Paid Sick Leave Emergency Order
    • An Employer would be required to pay supplemental sick leave to Employees if they were employed with the company from February 3, 2020 through March 4, 2020.
    • This Order applies to an Employer that has either 500 or more employees within the City of Los Angeles; or 2,000 or more employees within the United States
    • An Employer may not require a doctor's note or other documentation for the use of Supplemental Paid Sick Leave.
       
    • An Employer's obligation to provide 80 hours of Supplemental Paid Sick Leave under the Order can be offset with every hour an Employer allowed an Employee to take paid leave in an amount equal to or greater than the requirements in the Order, not including previously accrued hours, on or after March 4, 2020.
       
    • Any waiver by an Employee of any or all of the provisions of this Order is not allowed.
       
    • This Order shall be in effect until two calendar weeks after the expiration of the COVID-19 local emergency period
    Collective Bargaining Agreement
    • A collective bargaining agreement in place on the effective date of this Order may supersede the provisions of this Order if it contains COVID-19 related sick leave provisions
       
    • When the collective bargaining agreement expires or is otherwise open for renegotiation, the provisions of this Order may only be expressly waived if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.
       
    • If a collective bargaining agreement is in place on the effective date of this Order but the agreement does not address COVID-19 related sick leave provisions, the Employer must comply with this Order, unless, and until the agreement is amended to expressly waive in clear and unambiguous terms set forth in the agreement 
    Exemptions
    • Emergency and Health Services Personnel
    This includes all first responders, gang and crisis intervention workers, public health workers, emergency management personnel, emergency dispatchers, law enforcement personnel, and related contractors and others working for emergency services providers.
    • Critical Parcel Delivery
    An Employer of an Employee that provides global parcel delivery services shall be exempt from this Order. 
    • Generous Leave 
    If an Employer has a paid leave or paid time off policy that provides a minimum of 160 hours of paid leave annually, the Employer is exempt from any obligation to provide supplemental leave pursuant to the Order.
    • New Business Exemption
    New businesses which opened in the City or businesses which relocated from outside the City on or after September 4, 2019 through March 4, 2020 are exempt from this Order. To qualify, an Employer could not have been in business in the City in the 2018 tax year. Construction businesses and film producers do not qualify for this new business exemption.
    • Government
    This Order does not apply to employees of government agencies working within the course and scope of their public service employment
    • Closed Businesses and Organizations 
    Any business or organization that was closed or not operating for a period of 14 days or more due to a city official's emergency order, or provided at least 14 days of leave, shall be exempt from the requirements of this Order.
     
    Click here to read the full Emergency Order on Supplemental Paid Sick Leave.
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