©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 47 Santa Monica. Santa Monica’s PSL provisions took effect in 2017.195 The Santa Monica ordinance excludes government employees and employees who are exempt from the state minimum wage laws. Santa Monica employees working at least two hours per week in the City and working for small businesses (having 25 or fewer employees) earned at least 32 hours of PSL in 2017 and 40 hours in 2018 and going forward. Employees in larger businesses (with at least 26 employees) earned at least 40 hours of PSL in 2017 and 72 hours starting in 2018. The accrual rate is one hour for every 30 hours worked, and employees carry over earned PSL each year up to the caps set by the employer (which can either mirror the caps above or be more generous). Employers can front-load PSL rather than have employees accrue PSL per hour, so long as the employer provides leave consistent with the required amounts. Other PSL designs are possible so long as they meet or exceed ordinance requirements. In terms of covered family members and reasons for use of PSL, and pay rate, Santa Monica includes the covered family members covered by state law. Santa Monica did not adopt Covid-related supplemental sick leave, but did informally remind employers that obligations to provide paid sick leave under the regular PSL provisions apply to Covid-related absences.196 West Hollywood. West Hollywood’s PSL mandate took effect on January 1, 2022 for “hotel employers” and on July 1, 2022 for other West Hollywood employers.197 The ordinance includes a minimum wage component and requires coordination between PTO and vacation.198 Employers must provide at least 96 compensated hours off per year for sick leave, vacation, or personal necessity to full-time employees (those working at least 40 hours per week or whom the employer deems fulltime, whichever is more generous).199 Employers must make this time available at the employee’s request. Under the ordinance, after the first six months of employment (or pursuant to a more generous employer policy), full-time employees shall accrue at least 96/52 hours of compensated time off each week in a calendar year that the employee has been employed by the Employer.200 Compensated time off does not accrue for work in excess of 40 hours per week, subject to legally-protected exceptions.201 Full-time employees who work less than 40 hours a week receive the compensated time off in proportional increments.202 Unused accrued compensated time off will carry over until the time off reaches a maximum of 192 hours, unless the employer’s established policy is more generous.203 Once an employee reaches the maximum accrued compensated time off, an employer must provide a cash payment once every 30 days for accrued compensation time off over the maximum.204 Employers cannot require employees to cash out any accrued compensated time off under the maximum.205 Employers can forego this payment by not having a cap at all, but that would result in an unlimited amount of accrued time off. Employers must also permit full-time employees to take at least 80 additional hours per year of uncompensated time off to be used for sick leave where the employee has exhausted their compensated time off for that year.206 Employees must be eligible to use accrued uncompensated time off after the first six months of employment or consistent with company policies, whichever is sooner.207 Unused, accrued uncompensated time off will carry over until the time off reaches a maximum of 80 hours, unless the employer’s established policy is more generous.208 Notably, the ordinance is silent with regard to the issue of payout upon separation. Thus, employers should follow California’s requirements with regard to separation pay as it pertains to vacation pay.209 2.15 Paid Leave for Organ or Bone Marrow Donation California employers must grant eligible employees leaves of absence to donate an organ or to donate bone marrow. An employee employed for at least 90 days may take up to five business days of paid leave during any one-year period to donate bone marrow, and up to 30 business days of paid leave during any one-year period to
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