4 minute read | April.02.2020
In the wake of coronavirus and the Families First Coronavirus Response Act, California cities are taking their own measures. San Francisco launched the Workers and Families First Program to reimburse employers for providing extra sick leave beyond their existing policies. The City Council of Los Angeles approved a supplemental paid sick leave ordinance, which the mayor is expected to sign. And Emeryville issued guidance on the permissible coronavirus-related uses for sick leave under its local paid sick leave ordinance.
San Francisco Workers and Families First Program
On March 16, San Francisco committed $10 million to assist employers to provide sick leave beyond the employer’s current sick leave policy. To be eligible, the company must have a location registered in SF and have staff who work there. The business can be operating on reduced hours or temporarily closed. The step-by-step guide on how to apply is here.
Who is covered? All San Francisco employers may apply for reimbursement for extra sick leave provided after the employer has exhausted all sick leave under the employer’s existing policy. If the company has between 200 and 499 employees in all locations, the company must also exhaust the 80 hours of additional emergency paid sick leave as required by the FFCRA.
For what reasons can sick leave be provided and reimbursed? Sick leave may be provided and reimbursed because the employee is:
How much leave can be reimbursed? If the company is approved, the company must pay the sick leave upfront. The reimbursement will cover the minimum wage, for up to 40 hours for each employee. The company pays the difference between wages and $15.59 per hour. Each employer is limited to a reimbursement of $311,176 (equivalent to covering 499 full-time employees).
Los Angeles Supplemental Paid Sick Leave
The Los Angeles City Council approved the COVID-19 Supplemental Paid Sick Leave ordinance on March 27. The ordinance is currently awaiting Mayor Garcetti’s signature.
Who is covered? The new ordinance would apply to employers with 500 or more employees nationally, who have employees in the city of Los Angeles. Only employees who have been employed from February 3 – March 4, 2020 are eligible.
For what reasons may an employee take leave? Employees make take supplemental paid sick leave if:
How much leave do employees get? Employees are entitled to the following:
Supplemental paid sick leave is in addition to any other rights to leave, except as provided by the FFCRA. An employer may offset the supplemental sick leave required by subtracting each hour of more generous leave taken for the reasons above after March 4, 2020 not including previously accrued hours.
Emeryville Guidance
The City of Emeryville issued guidance that requires employers to allow employees to use paid sick leave provided by the Emeryville Paid Sick Leave ordinance if:
The landscape is changing constantly, so check back for updates. And check out Orrick’s COVID-19 resource center here.