The Los Angeles City Council passed an Ordinance on Friday that fills some key gaps left open by the FFRCA (Families First Coronavirus Response Act). If you don’t know about the FFCRA yet, please visit our Coronavirus Resources page to read all about it.
This Supplemental Sick Leave Ordinance (“LA Supp Sick Ord”) provides 80 hours of paid sick leave, in addition to the 48 hours already provided to employees of larger businesses within the City of Los Angeles, to use for pretty much any type of Covid 19 related purpose.
Here are some further details:
- Applies only to employees of businesses with over 500 employees. The FFCRA applies only to businesses less than 500.
- Applies to employees who worked for the same employer from February 3, 2020 to March 4, 2020 (but not to those hired after March 4th).
- The date range means it applies to furloughed employees. (i.e., employees with no work hours scheduled due to lack of business or closure, but who have not been formally laid off or terminated). Put another way, the employment relationship has paused, not ended. In contrast, the DOL has now opined that the FFCRA does not apply to employees on furlough (see FAQ #23).
- Some health care providers and first responders are excluded, as may be union employees and employees covered by other Ordinances, such as the LA Hotel Ordinance.
- Generous employers who provided more than the city’s statutory minimum sick leave since March 4th can offset hours already given from the additional 80.
- The LA Supp Sick pay rate is the employee’s average pay between February 3rd and March 4th (capped at $511 consistent with the FFCRA).
- No doctor’s notes are needed.
- LA Supp Sick pay can be used until December 31, 2020 when the statute expires.
UPDATE APRIL 9TH: This LA Supp Sick Ord was signed by Mayor Garcetti this week. Going forward, impacted employees may request this additional sick time (although if they are already on unemployment they will need to advise the EDD so as not to double dip on benefits).
We can expect other cities to follow with similar ordinances.
UPDATE MAY 7TH: As predicted, unincorporated areas in the County of Los Angeles are covered by a similar ordinance.
Feeling overwhelmed with new statutes relating to Covid 19? Join the club and subscribe to get updates from Fox Rothschild. We’ve got it all covered for you in one place!