State, County, and City Orders Applicable to Large Employers

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Employers of all sizes must be aware of the city and county health and safety order(s) and any extensions or amendments in the cities and counties in which it does business. Not only must it comply with the federal FFCRA legislation, state laws and the State Executive Order but it must also comply with the County Orders.

A recent trend among some cities and counties is to adopt ordinances affecting private employers with 500 or more employees. Below is a sample of orders recently approved.

LOS ANGELES COUNTY

Under this ordinance, employers that have more than 500 employees nationally are covered. Employees who were employed from March 3 to March 4 are the employees counted to determine whether the employer has more than 500 employees nationally. There is a presumption that an individual is an employee, but an employer must rebut this presumption in order to show an individual is actually an independent contractor.

There are exceptions to the sick leave ordinance and that includes healthcare providers or first responders (peace officers, firefighters, paramedics, emergency medical technicians, public safety dispatchers or safety tele-communicators, emergency response communication employees, rescue service personnel) are not covered under the ordinance.

Supplemental paid sick leave under the Los Angeles Sick Leave Ordinance can be used for the following:

• Supplemental paid sick leave must be granted upon oral or written request, and no doctor’s note or other documentation is required. Uses are limited to taking time off for:
• Because healthcare provider requires or recommends the employee isolate or self-quarantine.
• Because the employee is aged 65 or older or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease or a weakened immune system.
• To care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self-quarantine.
• To provide care for a family member whose senior care provider or school or childcare provider (for children under age 18) closes in response to a public health or other public official’s recommendation.

There are some exemptions and offsets in the following situations:

• Supplemental paid sick leave under this ordinance runs concurrently with paid sick leave under the Families First Coronavirus Response Act (FFCRA). However, supplemental paid sick leave under this ordinance is an addition to California and Los Angeles mandated paid sick leave. Because healthcare provider requires or recommends the employee isolate or self-quarantine.
• City law already requires sick leave from employees working in Los Angeles, ensuring they can accrue and use up to six days of paid leave annually. Under the measure, large employers would have to give an additional 10 days to those who work at least 40 hours a week. To care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self-quarantine.
• Offsets: If an employer has already provided paid leave since March 4 for COVID-19 related purposes, any hour will be offset against the 80-hour requirement. For example, if an employer has already provided an employee five hours of paid leave for COVID-19 purposes post-March 4, the employee would only be obligated to provide 75 hours to a full-time employee under this ordinance.

SAN FRANCISCO

On April 7, 2020, the San Francisco Board of Supervisors adopted an emergency ordinance (the “PHELO”) that requires private employers with 500 or more employees to provide paid public health emergency eligible employees affected by COVID-19. The measure allows eligible employees to take up to 80 hours of supplemental paid leave for COVID-19 related reasons.

All employees who have been performed 56 or more hours of work as an employee in the City and County of San Francisco. The ordinance includes part time and temporary employees. Employers of health care workers or first responders can elect to exclude their workers.

Supplemental paid sick leave can be used because the employee:

• Is subject to an individual or general Federal, State, or local quarantine or isolation order related to COVID-19;
• Has been advised by a health care provider to self quarantine;
• Is experiencing symptoms associated with COVID-19 and seeking a medical diagnosis;
• Is caring for a family member who is subject to an order as described above, has been advised to self-quarantine, or is experiencing symptoms associated with COVID-19;
• Is caring for a family member if the school or child care provider of the family member is closed or unavailable due to COVID 19;
• Is experiencing any other substantially similar conditions specified by the local heal officer.

Unlike the FFCRA, which is scheduled to remain in effect through December 31, 2020, the PHELO will remain in effect until the 61st day following enactment (unless San Francisco enacts a separate measure extending the timeframe) or the COVID-19 PHE ends, whichever occurs first.

SAN JOSE

The City of San Jose has enacted a similar ordinance affecting all employers not already covered by the Families First Coronavirus Relief Act (FFCRA). The measure allows eligible employees to take up to 80 hours of paid leave for COVID-19 related reasons. Benefits are immediately available and expire on December 31, 2020.

Eligible employees are those that have worked at least 2 hours within the City’s geographic boundaries and who leave their residence to perform essential work.

Sick leave need not be provided to:

• Employees who work from home;
• Employees who are already provided with some form of paid personal leave as long as it is at least equal to what the employee would have received under the ordinance. The employer must make up any difference between the employees paid leave and the amount of leave provided under the ordinance.

Similar to the FFCRA the employee will receive full pay for absences related to his or her own illness (capped at $511 a day and $5110 in total) and up to 2/3 the employee’s regular rate of pay for caring for a family member (capped at $200 a day and $2,000 total).

Sick leave can be used for any of the following reasons:

• The employee is subject to quarantine or isolation by federal, state or local order or is caring for someone who is quarantined or isolated;
• A healthcare provider advised the employee to self-quarantine or the employee is caring for someone who has been advised to quarantine;
• The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; or
• The employee is caring for a child under the age of 18 because a school or daycare is closed due to COVID-19.

Businesses are encouraged to check their local health and safety orders frequently to be sure they are complying with all requirements.

An in-depth look at the provisions of all of the individual city ordinances beyond the scope of this guide; however, we have assembled links to the ordinances in Appendix A for your reference.

SEE ALSO

• State and Local Workplace Safety Orders
• Appendix: Web Links For Local Safety Orders

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