Since the enactment of The Families First Coronavirus Response Act (FFCRA), we have seen cities adopt their own ordinances in response to the federal mandate. San Jose announced theirs on April 7th, San Francisco on April 17th, and Oakland followed suit on May 12th. Notably, these are an extension of the FFCRA and not in replacement of. They are designed to cover any gaps that were felt on a local level.
The San Jose ordinance applies to ALL businesses that are not required to provide paid sick leave through the FFCRA. This includes employers with fewer than 50 employees and healthcare providers or emergency responders.
Employees are entitled to their regular pay rate, up to a total of $511/a day and no more than $5,110 total. If the employee is taking emergency leave to care for another person, they are entitled to two-thirds of their regular rate and up to $200/1 day not to exceed $2,000.
While San Jose includes small businesses, the San Francisco ordinance applies only to businesses that are too large to be subject to the FFCRA. It requires these larger employers to provide the same sort of emergency sick leave (but not family care leave) that smaller employers are obligated to provide under the federal mandate.
Health care providers and emergency responders only fall under this ordinance if the employee has been experiencing COVID-19 symptoms, has been advised to self-quarantine or does not meet CDC guidance to return to work.
Much like San Francisco, Oakland’s ordinance only applies to businesses that employ 500 or more employees. It applies to any employee who has performed work in the city of Oakland for at least two hours after February 3rd, and includes any employee working from home, regardless of their immigration status.
Oakland requires all employers to pay employees at a rate of 100 percent of the normal hourly wages for any qualifying reason (subject to a daily cap of $511 and total of $5,110).
Both San Jose’s and Oakland’s ordinances are effective through December 31, 2020 while San Francisco’s is effective through June 17, 2020 or when the public health emergency ends, whichever ends sooner.
Is there anything Payroll Systems can help you with as you accommodate rapid legislation changes? Reach out and talk to us about easy-to-scale solutions you need for your business.
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This article provides general information and shouldn’t be construed as legal or HR advice. Since employment laws may change over time and can vary by location and industry, please consult a lawyer or HR expert for advice specific to your business. You can also contact Payroll Systems to inquire about our HR support services.