San Jose Lookalike Paid Sick Leave Law
New San Jose Ordinance On April 7, 2020, the San Jose City Council enacted the COVID-19 Paid Sick Leave Ordinance. The ordinance extends paid sick leave benefits to workers not otherwise covered by the FFCRA COVID-19 Paid Sick leave benefits. The Why The intention of the legislation is to provide paid sick time to workers whose jobs are considered essential as a means of quelling any unnecessary spread of COVID-19. The concern is that efforts to contain COVID-19 will be undermined if individuals, based on not having paid sick leave, feel compelled to report to work to earn and income and to engage in essential business activities. The definition of “essential work” refers to the Santa Clara County shelter-in-place order. Covered Employers Employers with 500+ employees and employers with fewer than 50 employees who might otherwise be exempt from the FFCRA law. Effective Dates The ordinance becomes effective on April 7, 2020 and is in effect until December 31, 2020. Covered Employees Any employee who has worked at least two (2) hours within the city of San Jose. Trigger for Benefits The law essentially mirrors the FFCRA COVID-19 paid sick time if an employee cannot work for any of the following reasons: • Government Quarantine: The employee is subject to quarantine or isolation by federal, state, or local order due to COVID-19 or is caring for someone who is quarantined or isolated due to COVID-19. • Provider-Advised Self-Quarantine: The employee is advised by a health care provider to self-quarantine due to COVID-19 or is caring for someone who is so advised. • Experiencing Symptoms: The employee experiences symptoms of COVID-19 and is seeking a medical diagnosis. • Care for Minor Child: The employee is caring for a minor child because a school or daycare is closed due to COVID-19.
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