Despite the expiration of the federal Families First Coronavirus Response Act (FFCRA) and California’s COVID-19 Supplemental Paid Sick Leave law (AB 1867) on December 31, 2020, some California employees may still be eligible for COVID-19 leave in a handful of California cities and counties that have enacted their own COVID-19 supplemental paid sick leave ordinances. Below is a list of the cities and counties in California that currently have a supplemental paid sick leave ordinance in effect.
City of Long Beach: On May 19, 2020, the Long Beach City Council enacted the COVID-19 Paid Supplemental Sick Leave Ordinance. Instead of an express sunset date, the City assesses the effectiveness of the ordinance every 90 days. The latest memorandum, dated December 8, 2020, recommends that the ordinance remain in effect for another 90-day period or until the public health emergency declaration has expired and businesses in these impacted industries are allowed to fully reopen. The next 90-day report is due by March 6, 2021. The ordinance applies to employers with 500 or more employees nationally.
City of Los Angeles: On May 19, 2020, the City of Los Angeles’ Mayor issued a Public Order on Supplemental Paid Sick Leave Due to COVID-19. This Order continues to remain in effect and will not expire until two calendar weeks after the COVID-19 local state of emergency is lifted. This Order applies to an employer with either (i) 500 or more employees within the City of Los Angeles, or (ii) 2,000 or more employees within the United States.
County of Los Angeles: The County of Los Angeles extended and expanded its COVID-19 supplemental paid sick leave ordinance, which previously expired on December 31, 2020. It is effective immediately and applies retroactively to January 1, 2021. The ordinance will remain in effect until two calendar weeks after the expiration of the COVID-19 local state of emergency. Generally, all employers in the unincorporated areas of LA County are covered by the amended ordinance (which previously only covered employers with 500 or more employees nationally) with just a few exceptions.
City of Oakland: The City of Oakland extended its Emergency Paid Sick Leave ordinance to remain in effect until the City’s Declaration of COVID-19 Emergency expires. The ordinance applies to most employers that have employees working in the City of Oakland.
City and County of Sacramento: On December 15, 2020, the Sacramento Board of Supervisors approved an ordinance to extend the Sacramento County Worker Protection, Health and Safety Act of 2020 to March 31, 2021. Similarly, the Sacramento City Council extended its ordinance to March 31, 2021. Both ordinances apply to employers with 500 or more employees.
City and County of San Francisco: The San Francisco Board of Supervisors reenacted the Public Health Emergency Leave Ordinance through February 11, 2021. The Board of Supervisors may reauthorize (i.e., extend) the ordinance every 60 days during the local health emergency. Private employers with 500 or more employees are required to continue providing COVID-19 emergency paid sick leave to employees who perform work in San Francisco.
City of San Jose: All employers who have employees working in the city of San Jose will be required to continue providing leave to eligible employees until June 30, 2021, under the city’s COVID-19 Paid Sick Leave Ordinance. In its Revised COVID-19 Paid Sick Leave Ordinance, the City Council extended paid sick leave benefits, which applies retroactively to January 1, 2021.
County of San Mateo: The COVID-19 Emergency Paid Sick Leave requirements of San Mateo’s Ordinance No. 4829 was extended until June 30, 2021. Employers with 500 or more employees are required to continue providing COVID-19 paid sick leave benefits to eligible employees working in the unincorporated areas of San Mateo.
City of Santa Rosa: On February 2, 2021, the City of Santa Rosa temporarily reinstated its COVID-19 paid sick leave ordinance. The ordinance provides COVID-19 related paid sick leave to employees within the city limits of Santa Rosa until March 31, 2021. Most businesses, regardless of size or sector, are covered under the ordinance.
County of Sonoma: The County of Sonoma extended its Urgency COVID-19 Paid Sick Leave Ordinance (Ordinance No. 6320) to June 30, 2021. The ordinance currently only covers employers with 500 or more employees. Still, the Board of Supervisors for the County is currently considering a proposal to expand the ordinance’s coverage to all employers within the county’s unincorporated areas. The next meeting to discuss the draft of this proposal will occur on February 9, 2021.
Notwithstanding these ordinances’ extension, employees are generally not entitled to a new bank of additional leave if those employees had already used all their COVID-19 paid sick leave in 2020. Employers with employees working in these cities and counties should review the applicable ordinance to determine its requirements, including for what purposes an employee can use paid sick leave and how much leave each employee is entitled. The California legal team can assist members with questions about these local COVID-19 supplemental paid sick leave laws. Please contact us at CAInfo@employerscouncil.org.