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California - San Jose Urgency COVID-19 Paid Sick Leave Ordinance

On January 5, 2021, the City of San José passed an Urgency Ordinance (No. 30390) under which businesses lawfully able to conduct business are required to continue to provide their workers with paid sick leave. The urgency ordinance, meant to fill the gap left by the expired federal Families First Coronavirus Response Act (FFRCA) paid sick leave, entitles full-time employees with 80 hours of leave (or leave based on the average hours of work in two weeks of normal employment) that can be used based on:

  • Federal, state, or local orders;
  • Advice from a health care provider to self-quarantine when experiencing symptoms of COVID-19; or
  • The need to care for a minor child or adult during school/care closures due to COVID-19.

Ordinance Highlights

  • Covered businesses are those lawfully able to conduct business under federal, state, and local Health Orders, who maintains a facility within the City or have employees performing at minimum two hours of work per week within the geographical boundaries of San José.
  • As of April 7, 2020, eligible full-time employees were entitled to 80 hours and eligible part-time employees are entitled to the number of hours worked on average over a two week period of paid sick leave. The urgency ordinance continues this coverage; however, no additional hours or benefits are provided with the extension of the ordinance through June 30, 2021.
  • Employees using sick time to care for themselves must be paid their regular rate of pay up to $511 per day, not to exceed an aggregate of $5,110. Employees using sick time to care for another person must be paid at two-thirds of their regular rate of pay up to $200 per day, not to exceed an aggregate of $2,000.

The urgency ordinance took effect immediately and remains effective through June 30, 2021.

Read more on the city’s website.