[NEW ORDINANCE] Santa Rosa COVID-19 Paid Sick Leave Ordinance Effective Immediately

This week Santa Rosa joined the list of California municipalities, including San Francisco, Oakland, City of Los Angeles, and Los Angeles County, in passing legislation aimed to fill gaps left by the federal Emergency Paid Sick Leave Act.

As you are likely aware, the federal Emergency Paid Sick Leave Act provides up to 80 hours of paid sick leave to eligible employees who need time off work due to isolation orders, COVID-19 symptoms, or to care for children whose child care facility or school is unavailable due to COVID-19. However, as the Santa Rosa ordinance states, the federal Act does not apply to employers with more than 500 employees, allows employers to exempt healthcare providers and emergency first responders from the Act, and provides less pay if the employee is taking the leave to care for a child vs. for isolation or illness reasons.

Santa Rosa’s urgency ordinance, which takes effect immediately, fills these gaps. Employers with 500 or more employees nationally must now provide full-time employees who work in Santa Rosa with 80 hours of paid sick leave. Part-time employees receive a proportionate amount.

Eligible employees may use the paid sick time if they are:

1. Subject to quarantine or isolation by order,

2. Advised by a health-care provider to self-quarantine due to COVID-19 or is caring for someone who is so advised by a health-care provider (a written note from a medical provider is not required), or 

3. Experiencing symptoms of COVID-19 and are seeking a medical diagnosis, or 

4. Caring for someone who is quarantined or isolated, or otherwise unable to receive care due to COVID-19, or 

5. Caring for a minor child because a school or daycare is closed, or the child care provider is not available due to COVID-19. 

Employees are entitled to leave at their full regular rate of pay up to $511/day not to exceed an aggregate of $5,110. Note that this is a different rate of pay than the federal Act for reason (5), which only provides pay at 2/3 an employee's regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate. 

The ordinance does have exemptions, including for government employers and employers who are already providing equivalent paid personal time off.

As COVID-19 cases rise and decisions are made about school reopenings in the coming weeks, it is important for employers to stay abreast of federal, state, and local requirements for leave. Employers should review and update their policies, and give notice to employees as required. If your company needs assistance with policies, please reach out. We offer flat-fee policies and advice to help your business or organization comply with COVID-19 related employment laws