...Title
Paid Sick Leave Ordinance (Esparza, Carrasco, Arenas)
...Recommendations
(1) Direct City Attorney to return to the City Council on April 7th, 2020 with an ordinance and a companion urgency ordinance to allow employees in San Jose to earn paid sick time to address their personal and family health needs and prevent unnecessary death and illness during public health emergencies, including from the novel coronavirus (COVID19) pandemic, under the following conditions:
(a) An ordinance will cover all employees, as provided under Sections 2750.3 and 245.5 of the California Labor Code, who have worked at least two hours within the geographic boundaries of San Jose for an employer.
(b) Building on local ordinances including San Diego, Oakland and San Francisco, the ordinance should require employers to provide workers with one hour of paid sick leave for every 30 hours worked for an employer. Employees should be able to accrue a maximum of 80 hours of paid sick leave [or equal to two weeks’ worth of paid sick leave] and should be allowed to begin using paid sick days after no more than 90 calendar days of employment.
(c) Employees should be eligible to use paid sick days when they are ill or injured or for the purpose of receiving medical care, treatment, prevention or diagnosis, as provided under California Labor Code 233(b)(4) but also for children, parents, legal guardians, siblings, grandparents, grandchildren and relationships resulting from adoption and foster care. This should include recovery from physical or psychological injury or disability from sexual assault or domestic violence.
(d) The ordinance should integrate an enforcement mechanism, building off of the City of Oakland’s paid sick days ordinance, including protections for workers from retaliation for use of paid sick days under the ordinance.
(e) Any employer with an existing plan that provides paid sick leave equal to or greater than the City’s protection should have its program grandfathered ...
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