Even though federal COVID sick leave has expired, there are still some local ordinances extending COVID leave protections indefinitely. Here is a summary of current leave requirements in popular areas of Southern California.
STATE RULES
Regular Paid Sick Leave (not COVID specific) is mandated by the State of California under the "Healthy Workplaces/Healthy Families Act of 2014." This act covers all employers in California, but is trumped by any local ordinances that are more generous to the employee. The basics of this rule are:
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- Employees must accrue 1 hour of sick leave for every 30 hours worked or be given 24 front-loaded hours at the beginning of each year.
- Employees must be allowed to use at least 24 hours of sick leave each year (assuming they have enough accrued) and accrue up to 48 hours.
As of September 30, 2021, California's 2021 COVID-19 Supplemental Paid Sick Leave law expired and is no longer in effect.
COUNTY RULES (Southern CA)
Los Angeles County
Regular Sick Leave - Businesses with employees working in the city of Los Angeles and unincorporated areas of Los Angeles County are subject to the Los Angeles Paid Sick Leave Ordinance. This rule differs from the California state rule (above) by increasing the accrual limit to 72 hours and the use limit to 48 hours. An employer may front-load 48 hours in place of an accrual.
COVID Emergency Paid Sick Leave Ordinance - This rule will be in effect until two calendar weeks after the expiration of the COVID-19 local emergency period, as ratified and declared by the County Board of Supervisors. It applies to all employers in the unincorporated areas of Los Angeles County. Full-time employees are entitled to 80 hours of paid supplemental sick leave and part-time employee are entitled to the number of hours they work on average over a 2-week period.
Employee Paid Leave for Expanded Vaccine Access ordinance - This rule will be in effect until two calendar weeks after the expiration of the COVID-19 local emergency period. It covers employers only in the unincorporated areas of Los Angeles County. Leave required by this Order is in addition to other paid leave available to an Employee, but can be offset by COVID Emergency Paid Sick Leave.
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- Full-Time Employees are allowed up to 4 hours of COVID-19 Vaccine Leave to obtain each COVID-19 vaccine injection.
- Part-Time Employees are allowed up to the prorated amount of 4 hours of COVID-19 Vaccine Leave per injection based on the Employee’s normally scheduled work hours over the two-week period preceding the injection.
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Orange County and San Diego County
These counties do not have their own paid sick leave ordinance. Employers with employees working in these areas must adhere to the state's Healthy Workplaces/Healthy Families Act (described above).
CITY RULES
Los Angeles
Regular Sick Leave - See Los Angeles County (above)
COVID Emergency Supplemental Sick Leave Ordinance - This rule will be in effect until two calendar weeks after the expiration of the COVID-19 local emergency period. It covers employees who have been employed with the same employer for 60 days and are unable to work or telework and applies to employers that have either: (i) 500 or more employees within the City of Los Angeles; or (ii) 2,000 or more employees within the United States. The rule allows 80 hours of supplemental paid sick leave, which can be offset by each hour that an employer allowed leave under the federal Families First Corona Virus Act (FFCRA).
Vaccine Paid Sick Leave Due to COVID-19 - This rule will be in effect until two calendar weeks after the expiration of the COVID-19 local emergency period. It covers employees who have been employed with the same employer for 60 days and are unable to work or telework COVID-19 Vaccine Leave required by this Order is in addition to other paid leave available to an Employee.
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- Full-Time Employees are allowed up to 4 hours of COVID-19 Vaccine Leave to obtain each COVID-19 vaccine injection, and up to 8 hours of COVID-19 Vaccine Leave to recover from any vaccination related side effects. *
- Part-Time Employees are allowed up to the prorated amount of 4 hours of COVID-19 Vaccine Leave per injection based on the average number of hours worked in the 60 days preceding the injection, and up to the prorated amount of 8 hours of COVID-19 Vaccine Leave to recover from any vaccination related side effects. *
- *Employers with more than 25 employees are liable for Vaccine Paid Sick Leave only if the employee has already exhausted all their Supplemental Paid Sick Leave.
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Newport Beach
No local ordinance. Covered by state rules (above).
San Diego
Businesses with employees working in the city of San Diego are subject to the San Diego Earned Sick Leave and Minimum Wage Ordinance. This rule differs from the California state rule (above) by increasing the accrual limit to 80 hours and the use limit to 40 hours. An employer may front-load 40 hours in place of an accrual.
Santa Monica
Businesses with employees working in the city of Santa Monica are subject to Santa Monica’s Paid Sick Leave provisions. This rule differs from the California state rule (above) by:
1) setting different limits for small and large employers; and
2) increasing the accrual limit to:
Small employer (up to 25 employees): Can accrue, use and carry over up 40 hours in a benefit year. An employer may front-load 40 hours in place of an accrual.
Large employer (26+ employees): Can accrue and use up to 72 hours in a benefit year. An employer may front-load 72 hours in place of an accrual.
West Hollywood
No local ordinance. Covered by state rules (above).
NOTE: Long Beach and Oakland local policies are not addressed in this article but are still in effect as of 10/19/21.