Los Angeles County Municipal Code Ch. 8.200 Covid-19 Supplemental Paid Sick Leave

As a result of the COVID-19 pandemic and "Safer at Home" declarations by California Governor Gavin Newsom and the Los Angeles County Board of Supervisors issued to protect the public health and welfare, many workers in the County of Los Angeles are facing significant job and economic insecurity. To ensure fair employment practices during the economic upheaval resulting from the pandemic and to reduce the demand on government-funded social services, the County hereby requires employers in the County to provide its employees with supplemental paid sick leave for COVID-19 related reasons, as set forth in this ordinance.

On March 18, 2020, the federal government enacted H.R. 6201 Federal Families First Coronavirus Response Act ("Families First Act"), which required employers with fewer than 500 employees to provide supplemental paid sick leave benefits to their employees impacted by COVID-19.

On April 28, 2020, the County of Los Angeles enacted an urgency ordinance extending the paid sick leave benefit to employees at businesses that employ 500 or more employees nationally, in the County's jurisdiction, which were not covered by the Families First Act. The supplemental paid sick leave benefits provided under Chapter 8.200 expired on December 31, 2020. Given the continuing COVID-19 pandemic, the benefits under Chapter 8.200 should be extended.

However, the Families First Act's supplemental paid sick leave benefits for employees at employers with fewer than 500 employees also expired on December 31, 2020. Therefore, the sick leave benefits provided under Chapter 8.200 should be extended to all employers in the unincorporated areas of the County.

(Ord. 2021-0002U § 1, 2021; Ord. 2020-0020U § 1, 2020.)

The following definitions shall apply to this Chapter:

A.

"County" means the unincorporated areas of the County of Los Angeles.

B.

"Emergency Responder" means an Employee who provides emergency response services, including, but not limited, to any of the following:

A peace officer;

A firefighter;

A paramedic;

An emergency medical technician;

A public safety dispatcher or safety telecommunicator;

An emergency response communication employee;

Rescue service personnel; and

Employees included in the definition of emergency responder in the regulations issued by the U.S. Department of Labor.

C.

"Employee" means an individual who performs any work within the geographic boundaries of the County for an Employer. For purposes of this Chapter, a worker is presumed to be an Employee, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee. For the period of March 31, 2020 to December 31, 2020, a food sector worker, as defined in the California Governor's Executive Order N-51-20, is excluded from the definition of "Employee."

D.

"Employer" means a person, as defined in Section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee. For the period of March 31, 2020 to December 31, 2020, this Chapter applies only to Employers with 500 or more employees nationally. Effective January 1, 2021, this Chapter shall apply to all Employers in the unincorporated areas of the County. This Chapter and the definition of Employer does not apply to federal, state, or local government agencies.

E.

"Family member" means the Employee's child, parent or spouse. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either of the following: (a) under 18 years of age or (b) an adult dependent child. "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the Employee when the Employee was a child.

F.

"Health Care Provider" means an Employee who provides emergency response services, including, but not limited, to any of the following:

Medical Professionals;

Employees who are needed to keep hospitals and similar health care facilities well supplied and operational;

Employees who are involved in research, development, and production of equipment, drugs, vaccines, and other items needed to combat the COVID-19 public health emergency; and

Employees included in the definition of health care provider in the regulations issued by the U.S. Department of Labor.

G.

"Person" means a person, association, organization, partnership, business trust, limited liability company or corporation.

H.

"Supplemental Paid Sick Leave" means time an Employee is compensated by an Employer for COVID-19 related leaves as described in Section 8.200.040.

(Ord. 2021-0002U § 1, 2021; Ord. 2020-0020U § 1, 2020.)

A.

An Employer's obligation to begin providing Supplemental Paid Sick Leave under this Chapter commences March 31, 2020.

B.

An Employee who is employed by an Employer is entitled to Supplemental Paid Sick Leave as follows:

An Employee who works at least forty (40) hours per week or is classified as a full-time Employee by the Employer shall receive no more than eighty (80) hours of Supplemental Paid Sick Leave under either the Families First Act or this Chapter for the entire period covered under this Chapter. Supplemental Paid Sick Leave shall be calculated based on an Employee's highest average two week pay over the period of January 1, 2020 through the effective date of this Chapter.

An Employee who works less than forty (40) hours per week and is not classified as a full-time Employee by the Employer shall receive Supplemental Paid Sick Leave for the entire period covered under this Chapter in an amount no greater than the Employee's average two week pay over the period of January 1, 2020 through the effective date of this Chapter. Such Supplemental Paid Sick Leave must be reduced by the supplemental paid sick leave paid under the Families First Act.

An Employee who has exhausted the Supplemental Paid Sick Leave entitlements in Section 8.200.030(B) or the supplemental paid sick leave benefits in the Families First Act by December 31, 2020, is not eligible for any additional allotment of Supplemental Paid Sick Leave after that date.

C.

In no event shall the Supplemental Paid Sick Leave amount paid to an Employee exceed $511 per day and $5,110 in the aggregate. Employees of joint Employers are only entitled to the total aggregate amount of leave specified for Employees of one Employer.

D.

The total number of hours of Supplemental Paid Sick Leave to which an Employee is entitled pursuant to Section 8.200.030 shall be in addition to any paid sick leave that may be available to the Employee under Labor Code section 246.

E.

An Employer may not require an Employee to use any other paid or unpaid leave, paid-time off, or vacation time provided by the Employer to the Employee before the Employee uses Supplemental Paid Sick Leave, or in lieu of Supplemental Paid Sick Leave.

(Ord. 2021-0002U § 1, 2021; Ord. 2020-0020U § 1, 2020.)

A.

An Employer shall provide Supplemental Paid Sick Leave upon the written (includes but is not limited to electronic mail and text), request of an Employee if the Employee cannot work, or telework, because:

A public health official or healthcare provider requires or recommends the Employee isolate or self-quarantine to prevent the spread of COVID-19;

The Employee is subject to a federal, State, or local quarantine or isolation order related to COVID-19 (e.g., is at least 65 years old or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system);

The Employee needs to care for a family member who is subject to a federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine related to COVID-19; or

The Employee takes time off work because the Employee needs to provide care for a family member whose senior care provider or whose school or child care provider ceases operations in response to a public health or other public official's recommendation.

An Employer may require documentation for the use of Supplemental Paid Sick Leave as allowed pursuant to the Families First Coronavirus Response Act (H.R. 6201) and the related Federal Department of Labor Rules and Regulations. An employee may begin using the Supplemental Paid Sick Leave before obtaining the Employer requested documentation.

(Ord. 2020-0020U § 1, 2020.)

An Employer may exclude Employees who are Emergency Responders or Health Care Providers from the leave requirements of this Chapter.

(Ord. 2020-0020U § 1, 2020.)

If an Employer provided additional paid leave for COVID-19 related purposes ("Voluntary COVID-19 Leave"), above and beyond an Employee's regular or previously accrued leaves (e.g., sick or personal leaves), the obligation to provide Supplemental Paid Sick Leave under this Chapter shall be reduced for every hour an Employer allowed an Employee to take the Voluntary COVID-19 Leave in an amount equal to or greater than the requirements in Section 8.200.030 on or after March 31, 2020, for any of the reasons described in Section 8.200.040.

(Ord. 2020-0020U § 1, 2020.)

A.

An Employee claiming a violation of this Chapter may bring an action in Superior Court of the State of California against an Employer and may be awarded:

Reinstatement to the position the Employee was discharged in violation of this Chapter.

Back pay and Supplemental Paid Sick Leave unlawfully withheld, calculated at the Employee's average rate of pay.

Other legal or equitable relief the court may deem appropriate.

B.

If an Employee is the prevailing party in any legal action taken pursuant to this Chapter, the court may award reasonable attorneys' fees and costs as part of the costs recoverable.

(Ord. 2020-0020U § 1, 2020.)

No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this Chapter, for requesting to use or actually using Supplemental Paid Sick Leave under this Chapter, for participating in proceedings related to this Chapter, for seeking to enforce his or her rights under this Chapter by any lawful means, or for otherwise asserting rights under this Chapter.

(Ord. 2020-0020U § 1, 2020.)

Any waiver by an Employee of any or all of the provisions of this Chapter shall be deemed contrary to public policy and shall be void and unenforceable.

(Ord. 2020-0020U § 1, 2020.)

With the exception of rights and remedies provided to employees pursuant to the federal Families First Coronavirus Response Act (HR 6201) and the California Governor's Executive Order N-51-20, the provisions of this Chapter are in addition to or independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an Employee.

(Ord. 2020-0020U § 1, 2020.)

Nothing in this Chapter shall be interpreted or applied to create any power or duty in conflict with any federal or State law.

(Ord. 2020-0020U § 1, 2020.)

If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have adopted this Chapter and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the Chapter would be subsequently declared invalid or unconstitutional.

(Ord. 2020-0020U § 1, 2020.)

Due to the extraordinary effects on employment resulting from the COVID-19 pandemic, this ordinance is extended and shall be in effect until two calendar weeks after the expiration of the COVID-19 local emergency as ratified and declared by the Board of Supervisors, unless the Board of Supervisors takes an action to extend this ordinance. The provisions of this Chapter are made retroactive to January 1, 2021.

(Ord. 2021-0002U § 1, 2021; Ord. 2020-0020U § 1, 2020.)

All of the provisions of this Chapter, or any part of, may be expressly waived in a collective bargaining agreement, but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted to constitute, a waiver of all or any of the provisions of this Chapter.

(Ord. 2020-0020U § 1, 2020.)

This Chapter 8.200 is approved pursuant to sections 25123(d) and 25131 of the California Government Code, allowing for ordinances for the immediate preservation of the public peace, health, or safety.

(Ord. 2020-0020U § 1, 2020.)