California Employers Cannot Forget Local Supplemental Paid Sick Leave Yet

DMEC StaffLegislative Updates

California Employers Cannot Forget Local Supplemental Paid Sick Leave Yet

Cepideh Roufougar

Jackson Lewis P.C.

In September, when Governor Newsom signed Assembly Bill 1867, employers hoped that the state-wide COVID-19 Supplemental Leave was a replacement for the patchwork of local ordinances. However, due to differences in coverage, many employers are faced with complying with the more stringent local ordinances. In particular, many local ordinances allow an employee to take paid leave to care for a family member if their school or place of care is closed due to COVID-19. AB 1867 does not provide leave for this purpose.

The local ordinances also have other differences that employers need to consider. One of the biggest is when they expire. AB 1867 provides that its leave provisions will sunset on the later of Dec. 31, 2020, or expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act (“FFCRA”). However, several local ordinances differ, including the City of Los Angeles ordinance (2 weeks after the expiration of the COVID-19 local emergency period) and the San Francisco ordinance (currently Dec. 12, 2020, unless extended by the Board of Supervisors). Other ordinances, including the City of Oakland, City of San Diego, and County of Los Angeles contain language which allow for extensions beyond Dec. 31, 2020, if approved by elected officials.

Employers in a jurisdiction that has adopted a local COVID-supplemental sick leave ordinance should ensure that they comply with both state and local laws.

***This article originally appeared on the Jackson Lewis’ Disability, Leave & Health Management blog and was reposted on the DMEC website with their permission.***