COVID-19 Paid Sick Leave Ordinance

On February 2, 2021, the City of Santa Rosa passed a new local urgency ordinance temporarily reinstating employer provided COVID-19 related paid sick leave for employees within Santa Rosa city limits. As outlined below, this ordinance mirrors the provisions of the federal Families First Coronavirus Response Act (FFCRA), though it is applicable to all businesses within Santa Rosa city limits, regardless of size or sector.

Employers can download a flyer for the ordinance by clicking on the image below and post it in an employee breakroom or common area.

Downloadable COVID-19 Workplace Paid Sick Leave Flyers opens in new window Opens in new window

Effective Dates

February 2 – September 30, 2021

Paid Sick Leave Hours

A fulltime employee is entitled to 80 hours of paid sick leave, pro-rated for part time employees.

This ordinance does not reset or replenish an employee’s leave bank if an employee has already used the leave provided under the FFCRA or the previous City ordinance.

When Employees Can use Paid Sick Leave

An employee can use paid sick leave if unable to work due to any of the following reasons:

  1. The employee is subject to quarantine or isolation by federal, state or local order due to COVID-19, or
  2. The employee is advised by a health-care provider to self-quarantine due to COVID-19, or
  3. The employee experiences symptoms of COVID-19 and is seeking medical diagnosis, or
  4. The employee is caring for an individual who is quarantined or isolated, or otherwise unable to receive care due to COVID-19, or
  5. The employee is caring for a minor child because a school or daycare is closed, or the child care provider is not available due to COVID-19.

Paid Sick Leave Compensation

Sick leave is paid at the employee's regular rate of pay up to $511 per day not to exceed $5,110, if an employee qualifies under reasons (1)-(3), above, and at two-thirds of the employee’s regular rate of pay up to $200 per day not to exceed $2,000, if an employee qualifies under (4)-(5), above.

Enforcement

If an employer refuses to provide the paid sick leave, an employee may file an action in court. The court can award attorney’s fees if an employee prevails in court.

Employers cannot retaliate against employees for requesting or taking paid sick leave.

Cal/OSHA Regulations on Paid Leave for COVID-19 

Current Cal/OSHA (California Division of Occupational Safety and Health) regulations require employers to offer paid leave—sick or otherwise—to any employee who has COVID-19 or was in close contact with someone who has or had COVID-19 during performance of the employee's job. These Cal/OSHA regulations, which apply to all California employers, provide that an employer can choose to pay their employee their regular salary or require an employee to use accrued sick leave. 

Unlike paid sick leave under FFCRA, which was capped at 80 hours, there is no cap on the use of this paid sick leave under these California regulations; however, if the employee can work from home, they may not be entitled to using leave and should review rules and guidance by visiting the resource links below.