Public Health Emergency Leave Ordinance (PHELO)

The Families First Coronavirus Response Act (FFCRA), requiring employers with 50-500 employees[1] to provide supplemental paid sick leave and paid family leave to their employees, and California’s statewide COVID-19 supplemental paid sick leave requirement expired on December 31, 2020.  While employers may voluntarily continue to provide FFCRA and receive tax credits through March 31, 2021, the FFCRA mandates are now voluntary for employers to continue absent federal legislative action.  Despite this, numerous California counties and cities have extended their COVID-19 paid sick leave ordinances and imposed additional requirements for employers.  To date, these include: Los Angeles (City and County), City of Long Beach, Sacramento (City and County), San Francisco, City of Oakland, San Mateo County, Sonoma County, Santa Rosa, and San Jose.

City of Los Angeles. Los Angeles Mayor Eric Garcetti recently revised an order requiring an employer to provide COVID-19 Supplemental Paid Sick Leave (SPSL) if it has 500 or more employees in the city or 2,000 or more employees nationally. The February 10, 2021 revised order expanded coverage and provides SPSL benefits to employees employed with the same employer for 60 days, and expanded coverage to employees hired on or after March 5, 2020. Most importantly, the revised order mandates that employers calculate SPSL based on the employee’s respective two-week average pay over the last 60 days of employment. The order remains in effect until two calendar weeks after the expiration of the County of Los Angeles local emergency period.
Continue Reading Brief refresher for California employers: 2021 updates to local COVID-19 paid sick leave requirements

On April 7, 2020, the San Francisco Board of Supervisors passed the Public Health Emergency Leave Ordinance (PHELO) to expand paid sick leave and emergency family medical leave benefits in response to the COVID-19 pandemic.  That ordinance was not signed and enacted by Mayor Breed, and the Board of Supervisors has now passed an amended version of the ordinance (Amended PHELO), on April 14, 2020, which is awaiting the mayor’s signature.  Although the Amended PHELO is substantially similar to the previous version, it includes three key changes in that it (1) expands the definition of covered employees; (2) clarifies the calculation and availability of leave; and (3) modifies leave guaranteed to health care providers and emergency responders.
Continue Reading San Francisco Board of Supervisors approves amended paid sick leave ordinance in response to COVID-19 pandemic