On January 26, 2021, Los Angeles County enacted an ordinance extending and amending the County’s supplemental paid sick leave requirements. Until December 31, 2020, many California employers were required to provide their employees with COVID-19-related supplemental paid sick leave under California’s state-wide ordinance and the Families First Coronavirus Response Act (FFCRA). After these state and federal requirements expired, many local governments (such as Sacramento, Oakland, San Jose, Sacramento, and San Mateo) have chosen to extend their supplemental sick leave ordinances into the coming year.

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The sick leave provisions under the new ordinance apply retroactively starting on January 1, 2021, and will continue “until two weeks after the expiration of the COVID-19 local emergency as ratified and declared by the Board.” Notably, the new ordinance also extends paid sick leave requirements to both large and small employers in unincorporated parts of Los Angeles County.

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Covered Employers and Employees

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As of January 1, 2021, the ordinance’s provisions apply to all employers in the unincorporated areas of Los Angeles County. Previously, only employers with 500 or more employees nationally were subject to Los Angeles County’s COVID-19 paid sick leave requirements.

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The newly amended ordinance covers employees who perform any work within the unincorporated areas of the County. Food sector workers, who were previously excluded, are now covered under this ordinance as of January 1, 2021. Significantly, employers may still exclude emergency responders and health care providers from eligibility for paid sick leave.

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Covered Reasons

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As in the original ordinance, employers must provide their employees with supplemental paid sick leave at their written request (including, but not limited to, text or email) if the employee is unable to work or telework because:

• A public health official or healthcare provider requires or recommends that 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 needs to take time off of work to provide care for a family member whose senior care provider, school, or childcare provider ceases operations in response to a public health or other public official’s recommendation.

Employers may require documentation for employees to take this covered leave.

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Time Period Effective

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This ordinance took effect immediately and applies retroactively as of January 1, 2021. Like the City of Los Angeles’s COVID-19 paid sick leave ordinance, the County’s ordinance remains effective “until two weeks after the expiration of the COVID-19 local emergency as ratified and declared by the Board.”

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Required Amount of Supplemental Paid Sick Leave for Full-Time and Part-Time Workers

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Employees who are classified as “full-time” or who work a minimum of 40 hours per week are entitled to a maximum of 80 hours of supplemental paid sick leave under either the FFCRA or the County’s ordinance.

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Employees who are not classified as “full-time” or who work less than 40 hours per week are still entitled to supplemental paid sick leave that is not greater than the employee’s average two week pay between January 1, 2020 and January 1, 2021.

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Significantly, if an employee already exhausted their available supplemental leave under the FFCRA or the County’s prior ordinance, the employee is not entitled to additional leave under the County’s new ordinance.

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Like in the prior ordinance, the maximum amount of supplemental paid sick leave employees are entitled to is $511 per day or $5,110 total.

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Resources for California Employers

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View the County of Los Angeles’s newly amended Ordinance here.

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View the City of Los Angeles’s Ordinance, which remains in effect, here.

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View the County of Los Angeles’s informational site on Unincorporated Areas here.

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If you have questions regarding the application of Los Angeles County’s paid sick leave requirements to your business, please contact one of the following attorneys in The Maloney Firm’s Employment Law Department: Patrick Maloney, Lisa Von Eschen, Samantha Botros, or Nicholas Grether.

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