In September, when Governor Newsom signed Assembly Bill 1867, employers hoped that the state-wide COVID-19 Supplemental Leave was a replacement for the patchwork of local ordinances. However, due to differences in coverage, many employers are faced with complying with the more stringent local ordinances. In particular, many local ordinances allow an employee to take paid leave to care for a family member if their school or place of care is closed due to COVID-19.  AB 1867 does not provide leave for this purpose.

The local ordinances also have other differences that employers need to consider.  One of the biggest is when they expire.  AB 1867 provides that its leave provisions will sunset on the later of December 31, 2020, or expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act (“FFCRA”).  However, several local ordinances differ, including the City of Los Angeles ordinance (2 weeks after the expiration of the COVID-19 local emergency period) and the San Francisco ordinance (currently December 12, 2020, unless extended by the Board of Supervisors).   Other ordinances, including the City of Oakland, City of San Diego, and County of Los Angeles contain language which allow for extensions beyond December 31, 2020, if approved by elected officials.

Employers in a jurisdiction that has adopted a local COVID-supplemental sick leave ordinance should ensure that they comply with both state and local laws.   Jackson Lewis will continue to track the status of federal, state, and local ordinances pertaining to COVID-19 and paid sick leave.  If you have questions about compliance with California leave requirements pertaining to COVID-19 contact a Jackson Lewis attorney to discuss.

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Photo of Cepideh Roufougar Cepideh Roufougar

Cepideh Roufougar is a Principal in the San Francisco, California, office of Jackson Lewis P.C.

Ms. Roufougar is Co-Leader of the California Advice and Counsel Resource Group. She advises and counsels management in all areas of labor and employment law, with a focus…

Cepideh Roufougar is a Principal in the San Francisco, California, office of Jackson Lewis P.C.

Ms. Roufougar is Co-Leader of the California Advice and Counsel Resource Group. She advises and counsels management in all areas of labor and employment law, with a focus on identifying practical solutions to help ensure compliance with state and federal law. Ms. Roufougar positions herself as a strategic partner when providing advice and counsel about litigation avoidance, employee management issues, implementing disciplinary actions, and collective bargaining issues. Her ability to see the big picture clearly and understand her client’s businesses in emotionally charged and highly complex disputes has helped her clients financially and prevented litigation. Her clients rely on her to guide them through both short-term and long-term planning to achieve their unique goals and strategies.

Ms. Roufougar is an experienced trainer and presents seminars on a wide range of subjects, including: leave management and reasonable accommodations; preventing discrimination, harassment and retaliation; implementing and sustaining disciplinary actions; conducting defensible workplace investigations; first-line supervisor trainings; performance management/evaluations; and wage and hour issues.

Ms. Roufougar has been successful in helping her clients prevail in numerous arbitrations and administrative appeals. She has extensive experience representing employers in labor and employment disputes. She has defended employers in employment litigation matters, including claims alleging violations of the Public Safety Officers Procedural Bill of Rights Act, FLSA collective actions, and claims of harassment and discrimination. Ms. Roufougar also conducts complex workplace investigations.

Before joining Jackson Lewis, Ms. Roufougar practiced at a well-regarded local labor and employment firm and served as in-house counsel for a local public agency.