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:
- 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.
- An employer can request proof of vaccine.
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