During the COVID-19 pandemic, California employers have been confronted with a wide array of different COVID-19 sick leave laws at the federal, state, and local levels. Many of these laws are set to expire tomorrow, while others continue on indefinitely. A summary of the status of the various California COVID-19 sick leave laws is provided below.
California’s COVID-19 Supplemental Paid Sick Leave. California’s SPSL is set to expire on September 30, 2021. As of today, there has been no indication that the State intends to extend the law. Employees who are taking SPSL as of September 30th must be allowed to complete their paid leave, however, no new requests for SPSL need to be granted after the expiration date.
Los Angeles County COVID-19 Supplemental Paid Sick Leave. Los Angeles County’s SPSL does not expire until two weeks following the expiration of the COVID-19 local emergency (as ratified and declared by the LA County Board of Supervisors). As the declared local emergency remains in effect, so does the law. Los Angeles County’s SPSL applies to all employers in the unincorporated areas of the County and provides up to 80 hours of paid leave for employees who need to isolate or quarantine due to COVID-19, care for a family member who is isolating or quarantining, or provide care for a family member whose senior care provider or child care provider ceases operations. A detailed description of the law is available here, in our previous issue of Compliance Matters.
Los Angeles County COVID-19 Vaccination Leave. Like the County’s SPSL, its COVID-19 vaccination leave law expires two weeks after the expiration of the COVID-19 local emergency and therefore remains in effect indefinitely. The County’s vaccination leave applies to all private employers in the unincorporated areas of the County and provides up to 4 hours of paid leave per COVID-19 vaccination, including time to recover from any side effects thereof.
City of Los Angeles Supplemental Paid Sick Leave. The City of Los Angeles’ supplemental paid sick leave expires two weeks following the COVID-19 local emergency period and thus remains in effect. The City’s SPSL applies to employers with either 500 or more employees in the City of Los Angeles or 2,000 or more employees nationwide. The law provides up to 80 hours of paid leave for employees who are isolating or quarantining due to COVID-19, need to take time off work because they are vulnerable to COVID-19 (i.e., 65 years of age or older, or have underlying health conditions), need to care for a family member who is isolating or quarantining or whose senior care provider or child care provider ceases operations, or to receive a COVID-19 vaccination and/or recover from any symptoms thereof.
City of Los Angeles Vaccination Leave. The City of Los Angeles also provides up to 4 hours of paid leave per COVID-19 vaccination and up to 8 hours to recover from any side effects. Unlike the City’s SPSL, its vaccination leave expires on September 30, 2021. Employees taking the vaccination leave as of the expiration date are entitled to finish their leave. While the City’s vaccination leave ordinance expires tomorrow, the SPSL remains in effect indefinitely and also provides leave to receive a COVID-19 vaccination.
Other Local COVID-19 Sick Leave Laws. Many California localities have also passed their own COVID-19 sick leave laws, expiring at various points. See below for a quick summary:
- City of Long Beach. Long Beach’s COVID-19 sick leave law remains in force indefinitely. The law does not have an official end date and is reevaluated by the City Council every 90 days.
- Marin County (unincorporated areas). Marin County’s COVID-19 sick leave law is set to expire on September 30, 2021.
- City of Oakland. Oakland’s COVID-19 sick leave law was extended until the end date of Oakland’s COVID-19 emergency declaration and thus continues in effect indefinitely.
- City of Sacramento. Sacramento’s law expired on March 31, 2021.
- San Francisco County & City. San Francisco allowed its COVID-19 sick leave law to expire on April 12, 2021.
- City of San Jose. San Jose’s law expired on June 30, 2021.
San Mateo County. The law expired on June 30, 2021.
- City of Santa Rosa. Santa Rosa’s COVID-19 sick leave law is set to expire on September 30, 2021.
- Sonoma County (unincorporated areas). Sonoma’s law expires on September 3, 2021.
We will continue to monitor major COVID-19 related developments that impact the workplace. If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com.
Richard S. Rosenberg
Katherine A. Hren
Charles H.W. Foster
Ballard Rosenberg Golper & Savitt, LLP