Los Angeles Enacts Paid Vaccine Leave

Los Angeles Enacts Paid Vaccine Leave

On June 24, 2021, Los Angeles Mayor Garcetti enacted the Vaccine Paid Sick Leave ordinance to provide paid leave for receipt of and recovery from the COVID vaccine. The ordinance applies to all private employers in Los Angeles and takes effect retroactively to January 1, 2021 and expires on September 30, 2021.

An employer shall provide a full-time employee up to 4 hours of vaccine leave for each vaccine injection (including travel) and up to 8 hours of vaccine leave to recover from any vaccine related side effects. For part-time employees, the amount of vaccine leave is prorated based on the average number of hours worked in the 60 days preceding the injection or recovery.

An employer with 26 or more employees need only provide vaccine leave to employees who have exhausted all available California supplemental paid sick leave or Los Angeles supplemental paid sick leave.

The employer can satisfy the obligations of this vaccine leave through its own leave program as long as its program exceeds state and local leave mandates and as long as its program provides leave for the reasons required by the vaccine leave ordinance.

An employee who, on or after January 1, 2021, took what would have been qualifying leave had the vaccine leave ordinance been in effect can, on or after June 24, 2021, submit an oral or written request to receive retroactive compensation. An employer must make the payment on or before the payday for the next full pay period after the request. Likewise, if an employer required an employee to use leave, such as vacation, paid or unpaid time off, or other sick leave benefits, then upon an employee’s oral or written request, the employer must restore the leave the employee took.

Mayor Eric Garcetti also modified the Supplemental Paid Sick Leave ordinance that applies to an employer employing 500 or more employees in Los Angeles or 2,000 or more employees within the United States.

The modifications took effect June 24, 2021, and provide that:

  1. An employee can use supplemental paid sick leave to receive a COVID-19 vaccine, including time traveling to and from an appointment, and to recover from any symptoms related to the vaccine.
  2. An employer can request proof of vaccine. 

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

Los Angeles Enacts Paid Vaccine Leave https://www.cbiz.com/Portals/0/Images/Los Angeles Vaccine Leave.jpg?ver=2021-07-01-185645-657Employers must provide full-time employees up to 4 hours for getting vaccine, 8 hours for recovery. Employers can request proof of vaccine.2021-07-01T19:00:00-05:00Employers must provide full-time employees up to 4 hours forgetting vaccine, 8 hours for recovery. Employers can request proof of vaccine.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo