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Legal Update Header On May 18, 2021, the Los Angeles County Board of Supervisors passed an urgency ordinance requiring all private employers to provide paid leave for employees in unincorporated Los Angeles County for the purpose of receiving COVID-19 vaccinations.

The ordinance became effective immediately and is retroactive to Jan. 1, 2021. The leave requirement expires Aug. 31, 2021.

Covered Employers and Employees

The new leave requirement applies to anyone who directly or indirectly employs or exercises control over the wages, hours or working conditions of any employee. Employers who hire workers through a temporary service or staffing agency are explicitly covered by the law; however, federal, state and local government agencies are exempt.

Anyone who performs work for an employer in unincorporated areas of Los Angeles County is considered an employee covered by the law. Workers entitled to COVID-19 supplemental paid sick leave under California law must first exhaust that leave before taking the new vaccination leave. However, vaccination leave must be provided in addition to state-paid sick leave.

Leave Requirement

Full-time employees are allowed up to four hours of paid leave per injection to receive the COVID-19 vaccine, while part-time employees receive a prorated amount of leave based on their work hours during the two weeks before the injection.

The leave includes travel time to and from vaccine appointments and time to recover from any vaccine-related symptoms that prevent the employee from being able to work or telework. Employers may require written verification of vaccination. Notice, recordkeeping and nonretaliation provisions apply.

Important Dates

Jan. 1, 2021

Paid leave requirement for COVID-19 vaccination is retroactive to this date.

May 18, 2021

Ordinance took effect.

Aug. 31, 2021

Ordinance expires.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2021 Zywave, Inc. All rights reserved.