Attention Los Angeles Employees:

The City of Los Angeles has enacted
new requirements for Paid Sick Leave
affecting all employees effective July 1, 2016.

interiors of an officeEffective July 1, 2016, the City of Los Angeles doubled the employee paid sick leave requirements for all businesses located in the City of Los Angeles.  LA now joins neighbor Santa Monica, as well as other cities throughout California, including San Francisco and Oakland, in requiring its own sick leave ordinance requirements.  The new requirements took effect on July 1, 2016.

 

 

 

 

  • Workplaces with 25+ employees must comply starting July 1, 2016
  • Workplaces with under 25 employees must comply starting July 1, 2017

If your workplace has more than 25 employees, and you were NOT notified of your rights to 6 days of paid sick leave under the new City of Los Angeles Paid Sick Leave Ordinance, your employer could be in violation of California law.

Report an Employment or Labor Law Violation 

New City of Los Angeles Paid Sick Leave Requirements

The new City of Los Angeles Ordinance provides all employees up to forty-eight (48) hours of paid sick leave each year. The entire 48 hour sick leave can be provided in a lump sum at the beginning of the year or on your anniversary date with the Company; or on an accrual basis, where you accrue one hour of paid sick time for every 30 hours worked.  The accrual method can be capped at 72 hours.  Employers may use a probationary period by allowing sick time to be used until at least the 90th day of employment.

The Ordinance applies to all employees who work 2 or more hours during any week in the City of Los Angeles. The new Ordinance does not yet apply to employees working entirely in neighboring cities or unincorporated sections of LA County.

What Can LA City Sick Leave Be Used For?

City of LA’s paid sick leave can be used as follows:

  • Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member;
  •  For an employee who is a victim of domestic violence, sexual assault, or stalking according to the regulations.

Family Member is defined as:

  • Child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis);
  •  Biological, adoptive, or foster parent; step-parent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
  •  Spouse;
  • Registered domestic partner;
  • Grandparent;
  • Grandchild; and
  • Sibling

Who is Covered?

All employees who, in a particular week, perform at least 2 hours of work within the geographic boundaries of Los Angeles and who are entitled to minimum wage under California law. To be entitled to paid sick time, workers must also work in Los Angeles—on or after July 1, 2016—for the same employer for 30 days or more within a year from the commencement of employment.

In What Increments Can Paid Sick Leave be Taken? 

Employee can use paid sick time in one (1) hour increments.

How Should Employee Sick Leave be Requested?

An employee may request paid sick days in writing or verbally. An employee cannot be required to find a replacement as a condition for using paid sick days.

How Much Must be Paid?

Employees must be compensated for using paid sick leave for no less than the new minimum wage set in the City of Los Angeles, which is $10.50 per hour for employers of 26 or more employees.

Are There Caps on Usage? 

The amount carried over to the next year is subject to a cap. Once employees hit their cap (i.e., 72 hours) in a calendar year, they no longer accrue paid sick leave until they use some of the hours they have “in the bank.” Employees may not use more than 48 hours of accrued paid sick leave in a calendar year.

Is Sick Leave Cashed Out At Termination?

Accrued unused paid sick leave is not cashed out or paid out upon termination, resignation, retirement, or other separation from employment.

Written Notice

Written notice of the new paid sick leave availability must be provided to all employees, well as posting notice regarding sick leave entitlement. Notices must be in English, Spanish, Chinese (Cantonese and Mandarin), Hindi, Vietnamese, Tagalog, Korean, Japanese, Thai, Armenian, Russian or Farsi, or any other language spoken by at least 5% of the employees at the workplace or job site.

Penalties

Employers who fail to follow the new law risk penalties as well as legal action. The fines imposed include a $120 per day violation of per employee each day of noncompliance. Further, the new law allows civil enforcement of the rules, permitting employees to sue employers who have not complied. In addition, the Los Angeles Office of Wage Standards Ordinance further grants authority to the City of Los Angeles Police Commission to deny, revoke or suspend a police permit issued to an entity found to have committed “wage theft,” including the failure to comply with the sick leave ordinance.

What Zip Codes are Affected?

If your employer is int he following zip code, your employment is considered to be in the “City of Los Angeles.”

CityofLAZipCodes

What Do I Do if I Never Got Notice from My Employer?

If you never received notice from your employer about your rights under the new Los Angeles paid sick leave ordinance, your employer could be in violation of Los Angeles law. Employers were supposed to provide employees with a notice of their rights, if the employer has more than 25 employees, on or no later than July 1, 2016. If you work for an employer with more than 25 employees, and you never received this notice, your employer may be in violation of California law. If you would like to report the violation and have us investigate the matter, please complete this form and let us know.

What if My Employer Refuses to Honor My Request for Sick Leave Time Off? 

It is considered a violation of California law to not accommodate an individual employee who is seeking time off for paid sick leave purposes. Please contact us right away to report the incident, as your employer could be acting unlawfully and violating your rights.

 

readreviewssgAXIS Legal Counsel is an employment law firm representing clients in numerous kinds of lawsuits and disputes involving some of the nation’s largest employers. Whether it is sexual harassment, other kinds of harassment, discrimination, race discrimination, pregnancy discrimination, medical/disability discrimination, racial harassment, retaliation, hostile work environment, wage/hour, workplace bullying, or other claims, AXIS Legal Counsel is experienced in the field of employment and labor law and focused on providing high-quality legal service.

For information on retaining AXIS Legal Counsel to represent you or a loved one with an employee rights’ claim, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation, or visit our Employee Rights Practice or Individual Rights portal. AXIS is a Los Angeles, California law firm that provides victims of labor and employment law violations with aggressive representation to pursue the maximum extent of their rights.

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