ARTICLE 5-72HH COVID-19 SUPPLEMENTAL PAID SICK LEAVE

(Added by Ord. No. 186,590, Eff. 4/10/20.)

Section

200.51   Purpose.

200.52   Definitions.

200.53   COVID-19 Supplemental Paid Sick Leave.

200.54   Employee Request for Supplemental Paid Sick Leave.

200.55   Exemptions.

200.56   Employer Offset.

200.57   Enforcement.

200.58   Retaliatory Action Prohibited.

200.59   No Waiver of Rights.

200.60   Coexistence with Other Available Relief for Specific Deprivations of Protected Rights.

200.61   Conflicts.

200.62   Severability.

200.63   Expiration of Ordinance.

200.64   Exemption for Collective Bargaining Agreement.

SEC. 200.51. PURPOSE.

   As a result of the COVID-19 pandemic and “Safer at Home” emergency declarations by California Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti, issued to protect the public health and welfare, many workers in the City 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 City hereby requires all employers in the City to provide its employees with supplemental paid sick leave for COVID-19 related reasons.

SEC. 200.52. DEFINITIONS.

   The following definitions shall apply to this article:

   A.   “City” means the City of Los Angeles.

   B.   “Employee” means an individual who performs any work within the geographic boundaries of the City for an Employer. For purposes of this article, 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.

   C.   “Employer” mean a person, as defined in Section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly 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. This article applies only to an Employer with 500 or more employees nationally.

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

   E.   “Supplemental Paid Sick Leave” means time an Employee is compensated by an Employer for COVID-19 related leave as described in Section 200.54.

   F.   “First Responder” means an employee of a state or local public agency who provides emergency response services, including any of the following:

   1.   A peace officer.

   2.   A firefighter.

   3.   A paramedic.

   4.   An emergency medical technician.

   5.   A public safety dispatcher or safety telecommunicator.

   6.   An emergency response communication employee.

   7.   Rescue service personnel.

SEC. 200.53. COVID-19 SUPPLEMENTAL PAID SICK LEAVE.

   A.   An Employee who has been employed with the same Employer from February 3, 2020 through March 4, 2020, is entitled to Supplemental Paid Sick Leave as follows:

   1.   An Employee who works at least 40 hours per week or is classified as a full-time Employee by the Employer shall receive 80 hours of Supplemental Paid Sick Leave. Supplemental Paid Sick Leave shall be calculated based on an Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

   2.   An Employee who works less than 40 hours per week and is not classified as a full-time Employee by the Employer shall receive Supplemental Paid Sick Leave in an amount no greater than the Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

   B.   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.

SEC. 200.54. EMPLOYEE REQUEST FOR SUPPLEMENTAL PAID SICK LEAVE.

   A.   An Employer shall provide Supplemental Paid Sick Leave upon the oral or written request of an Employee if:

   1.   The Employee takes time off because a public health official or healthcare provider requires or recommends the Employee isolate or self-quarantine to prevent the spread of COVID-19;

   2.   The Employee takes time off work because the Employee 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;

   3.   The Employee takes time off work because the Employee needs 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; or

   4.   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 caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public official’s recommendation.

   B.   An Employer may not require a doctor’s note or other documentation for the use of Supplemental Paid Sick Leave.

SEC. 200.55. EXEMPTIONS.

   An Employer of an Employee who is either a First Responder or a health care provider as defined in Section 12945.2 of the California Government Code shall be exempt from this article.