On June 8, 2021, the Marin County, California Board of Supervisors passed an ordinance requiring small employers, those employing 25 or fewer employees who are otherwise not entitled to the state-wide COVID-19 supplemental paid sick leave applicable to employers employing 26 or more employees, to provide supplemental paid sick leave. The ordinance took effect immediately and expires September 30, 2021.
The Ordinance applies to all private employers within the unincorporated areas of the county who employ 25 or fewer employees. An employee who works for more than two hours within the geographic boundaries of unincorporated Marin County is eligible for supplemental paid sick leave. Supplemental paid sick leave benefits are not available to employees who are able to work from home.
A full-time employee scheduled to work 40 or more hours per week is granted up to 80 hours of supplemental paid sick leave. Part-time employees who work fewer than 40 hours a week are eligible for an amount of sick leave that is no greater than their average number of hours in a two-week period, calculated over the prior six months.
An employee is eligible for paid sick leave if he/she is under quarantine for COVID-19; caring for someone who is ill or quarantining due to COVID-19; need to care for a senior or child whose normal caretaker or school is closed due to COVID-19; or attending an appointment for a COVID-19 vaccination.
The total number of hours of supplemental paid sick leave to which an employee is entitled shall be in addition to any paid sick leave that may be available to the employee under the Healthy Workplace Healthy Family Act as well as any pre-existing paid time off (vacation, sick and/or paid time off) provided to employees prior to March 16, 2020.
To the extent an employee had at least 80 hours of accrued paid sick leave benefits as of June 8, 2021 or at least 160 hours of a combination of paid sick leave, vacation and paid time off benefits, the obligation to provide supplemental paid sick leave shall be deemed to be satisfied.
Employers must provide notice to employees of their rights under this Ordinance in a manner calculated to reach all employees, including posting a notice in both English and Spanish in the workplace, on any intranet or app-based platform and/or via email.
An employer must also keep records necessary to demonstrate compliance with this Ordinance, including accurate and complete payroll records pertaining to each employee for a period of three years.
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.