Sacramento County Passes Worker Safety and Supplemental Paid Sick Leave Ordinance

Jackson Lewis P.C.

The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020.

The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning protocols and practices in the workplace. The required protocols include: maintaining and implementing specified cleaning and disinfection protocols; establishing protocols for action if a worksite is exposed to a person with a probable or confirmed case of COVID-19; providing employees with regular access to handwashing, hand sanitizer, and disinfectant supplies; providing face-coverings for employees; and establishing physical distancing protocols for the workplace, including the use of face coverings.

The ordinance also creates a supplemental paid sick leave requirement. The sick leave requirement applies only to those employers located within the unincorporated areas of the County that have 500 or more employees nationally. The ordinance requires that employers provide full-time employees working in the unincorporated areas of the County with 80 hours of paid sick leave; part-time employees receive paid time off equal to their average number of hours worked over a two-week period. Employees may use sick leave for the following reasons:

  • The employee is subject to quarantine or isolation under a federal, state, or local order, or is caring for a family member who is quarantined or isolated, due to COVID-19;
  • The employee is advised by a health care provider to self-quarantine due to COVID-19 or is caring for a family member who is so advised;
  • The employee chooses to take off work because the employee is over the age of 65 or is vulnerable due to a compromised immune system;
  • The employee is off work because the employer’s work location temporarily ceased operations due to a public health order or other public health official’s recommendation;
  • The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; or,
  • The employee is caring for a minor child because the child’s school or daycare is closed due to COVID-19.

The ordinance contains other requirements, which employers should ensure they are following.

The ordinance will remain in effect until December 31, 2020.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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