The City of Los Angeles has enacted
new requirements for Paid Sick Leave
affecting all employers. 

Please Read Below for Details and Sample Forms

2018 Edition

lacityhall*** Updated December 1, 2017

The City of Los Angeles has enacted employee paid sick leave requirements for  all businesses located in the city.

It is mandatory for all employees to comply. For more information about the requirements, please read below.

City of Los Angeles Paid Sick Leave Requirements

The new City of Los Angeles Ordinance requires all employers with over 25 employees located in Los Angeles to permit 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, or under an accrual method. Similar to state law, employees will accrue one hour of paid sick time for every 30 hours worked.  For employers using the accrual method, an accrual cap may be imposed of 72 hours.  Employers may impose 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 for greater types of medical care/illness than the state of California.  In the City of LA, sick leave can be used not only for the employee, but also “for any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”

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 for the same employer for 30 days or more within a year from the commencement of employment.

What Can Sick Leave Be Used For?

  • 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:

  • 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
  • Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

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 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 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?
The following zip codes are considered “City of Los Angeles.”

CityofLAZipCodes

Action Guide:

 

 

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    Los Angeles Paid Sick Leave Law 2016 - Sample Template Form Notice
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