COVID-19 Update: San Francisco, Los Angeles and Emeryville Take Local Legislative Measures

In the wake of coronavirus and the Families First Coronavirus Response Act, California cities are taking their own measures. San Francisco launched the Workers and Families First Program to reimburse employers for providing extra sick leave beyond their existing policies. The City Council of Los Angeles approved a supplemental paid sick leave ordinance, which the mayor is expected to sign. And Emeryville issued guidance on the permissible coronavirus-related uses for sick leave under its local paid sick leave ordinance.

San Francisco Workers and Families First Program

On March 16, San Francisco committed $10 million to assist employers to provide sick leave beyond the employer’s current sick leave policy. To be eligible, the company must have a location registered in SF and have staff who work there. The business can be operating on reduced hours or temporarily closed. The step-by-step guide on how to apply is here.

Who is covered? All San Francisco employers may apply for reimbursement for extra sick leave provided after the employer has exhausted all sick leave under the employer’s existing policy. If the company has between 200 and 499 employees in all locations, the company must also exhaust the 80 hours of additional emergency paid sick leave as required by the FFCRA.

For what reasons can sick leave be provided and reimbursed? Sick leave may be provided and reimbursed because the employee is:

• Sick (cannot require a doctor’s note)
• Over 60 years old
• A person with a health condition like heart, lung or kidney disease, diabetes or a weakened immune system
• Self-quarantined to prevent spread of coronavirus
• Caring for a sick or quarantined family member
• Home because the business is closed, in response to a public official’s recommendation,
• Caring for a child who is home because their school or daycare is closed, in response to a public official’s recommendation

How much leave can be reimbursed? If the company is approved, the company must pay the sick leave upfront. The reimbursement will cover the minimum wage, for up to 40 hours for each employee. The company pays the difference between wages and $15.59 per hour. Each employer is limited to a reimbursement of $311,176 (equivalent to covering 499 full-time employees).

Los Angeles Supplemental Paid Sick Leave

The Los Angeles City Council approved the COVID-19 Supplemental Paid Sick Leave ordinance on March 27. The ordinance is currently awaiting Mayor Garcetti’s signature.

Who is covered? The new ordinance would apply to employers with 500 or more employees nationally, who have employees in the city of Los Angeles. Only employees who have been employed from February 3 – March 4, 2020 are eligible.

For what reasons may an employee take leave? Employees make take supplemental paid sick leave if:

• A public health official or healthcare provider requires or recommends the employee isolate or self-quarantine
• Employee is at least 65 years old or has a health condition such as asthma, heart, lung or kidney disease, diabetes or weakened immune system
• Business or work location temporarily ceases operation in response to a public official recommending closure due to coronavirus
• Employee needs to care for a family member who is not sick but has been recommended to isolate or self-quarantine
• Employee needs to provide care for a family member whose senior care provider, childcare provider or school (children under 18) ceases operations in response to a public health recommendation

How much leave do employees get? Employees are entitled to the following:

• Full-time employees: 80 hours, calculated by average two week pay from February 3 – March 4, 2020
• Part-time employees: paid sick leave in “an amount no greater than the employee’s average two week pay” from February 3 – March 4, 2020
• Paid sick leave is capped at $511 per day, $5,110 in total for both full-time and part-time employees.

Supplemental paid sick leave is in addition to any other rights to leave, except as provided by the FFCRA. An employer may offset the supplemental sick leave required by subtracting each hour of more generous leave taken for the reasons above after March 4, 2020 not including previously accrued hours.

Emeryville Guidance

The City of Emeryville issued guidance that requires employers to allow employees to use paid sick leave provided by the Emeryville Paid Sick Leave ordinance if:

• Public health official or healthcare provider requires or recommends the employee isolate or self-quarantine
• Employee falls within the definition of a “vulnerable population” under the Guidance from the State or any other official subsequent updates
• Business or work location temporarily ceases operation in response to a public official recommending closure due to coronavirus
• Employee needs to care for a family member who is not sick but has been recommended to isolate or self-quarantine
• Employee needs to provide care for a family member whose senior care provider, childcare provider, school (children under 18) or work ceases operations in response to a public health recommendation

The landscape is changing constantly, so check back for updates. And check out Orrick’s COVID-19 resource center here.