While the regulation came into force on April 28, 2020, the requirement for employers to provide additional paid sick leave applies retroactively to March 31, 2020. Who is entitled to additional paid sick leave? Any employee who works for an employer as of April 28, 2020 within the geographic boundaries of Los Angeles County is entitled to take additional paid sick leave for any of the reasons listed below. The regulation excludes food workers under Governor Newsom`s Executive Order N-51-20. Can employers require employees to use other paid or unpaid leisure activities first? No, the Regulation prohibits employers from requiring workers to take other paid or unpaid leave, paid leisure or leave that the employer makes available to the worker before the worker can benefit from additional paid sick leave or instead of additional paid sick leave. What about health care providers and first responders? These employees are in principle excluded by federal and municipal laws. The District Decree allows employers to grant additional paid sick leave to workers who are emergency aides or health care providers. The Regulation also prohibits employers from discriminating or taking revenge when they oppose a practice authorised by the Regulation, who actually request or use paid sick leave, participate in proceedings related to the Regulation, or who want to assert or enforce rights under the Regulation. What about collective agreements? A collective agreement may waive the provisions of the regulation, provided that the waiver is expressly stipulated clearly and clearly in the agreement. An “emergency officer” means a staff member providing emergency services, including peace officers, firefighters, paramedics, first responders, public safety and security distributors, emergency communications officers, rescue personnel, and personnel set out in regulations adopted by the U.S. Department of Labor (“DOL”). In particular, the regulation generally defines “workers” as any person working for an employer within the geographic boundaries of Los Angeles County. As a warning to employers, the regulation expressly states that all workers are considered “workers” under the regulation, which would also include workers considered to be self-employed contractors, and the employer has the burden of proving otherwise. A “healthcare provider” includes persons who provide emergency services, including health professionals, personnel necessary for the care and commissioning of hospitals and similar health facilities, personnel involved in the research, development and production of equipment, medicines, vaccines and other objects necessary for the fight against the COVID-19 emergency in the field of public health, and Mitarb the eities contained in the requirements of the DOL.
Are there exceptions for certain types of employers? Yes, the regulation does not apply to federal, regional or local authorities. Unlike the City Ordinance which excludes global parcel delivery services, employers with generous leave guidelines, new businesses and closed businesses, the District Decree does not provide for other exceptions. . . .