While the regulation came into effect on April 28, 2020, the requirement for employers to provide additional paid leave is retroactive to March 31, 2020. What about collective agreements? A collective agreement may waive the provisions of the regulation, provided that the waiver is expressly clearly and unambiguously stated in the agreement. What about health care providers and emergency workers? These employees are generally excluded under federal and municipal laws. The district order gives employers the opportunity to provide additional paid sick leave to workers who are emergency workers or health care providers. Can employers require workers to use other paid or unpaid leave first? No, the regulation prohibits employers from requiring workers to receive other periods of paid or unpaid rest, paid leave or leave that the employer grants to the worker before the worker receives additional paid sick leave, or rather additional paid sick leave. The regulation also prohibits employers from discriminating against or paying workers who wish to oppose any practice authorized by the regulation, to request or benefit from a paid sick leave supplement, to participate in settlement procedures, or to assert or enforce rights under the regulation. Who is entitled to paid sick leave? Any worker who works for an employer within the geographic boundaries of Los Angeles County as of April 28, 2020 is entitled to additional paid sick leave for one of the following reasons. The regulation excludes food workers covered by Governor Newsoms` Executive Order N-51-20. A “health care provider” includes those providing emergency services, including health professionals, staff needed to provide and maintain hospitals and other similar health facilities, staff involved in the research, development and production of equipment, drugs, vaccines and other items needed to combat the COVID-19 health emergency, and staff involved in the regulation of DOL. An “emergency officer” refers to a staff member who provides emergency services and includes peace officers, firefighters, paramedics, EMTs, public safety distributors and security telecommunications companies, emergency communications officers, emergency services personnel and personnel listed in the U.S. Department of Labor`s “DOL” definition. In particular, the by-law defines “workers” as a whole to include anyone who performs any work within the geographic boundaries of Los Angeles County for an employer.
To be cautious with employers, the regulation expressly provides that all workers are considered “workers” under the regulation, which would include skilled workers of self-employed contractors, and the employer is responsible for proving something else. Are there exceptions for certain types of employers? Yes, the regulation does not apply to federal, regional or local authorities.