OAKLAND — Describing it as a life-saving measure for workers and families demanding immediate action, the Oakland City Council approved emergency sick leave legislation Tuesday night that would require employers to provide 80 hours of coronavirus-related paid sick leave.
The council voted unanimously, 8-0, to pass the measure that makes Oakland the fourth city in the state — after Los Angeles, San Jose and San Francisco — to enact emergency sick leave.
“The COVID-19 pandemic has made us all aware of how dependent we are on our front-line service workers like grocery workers, delivery people, restaurant and hospitality workers, rideshare drivers, custodians, warehouse workers and security officers,” said council member Sheng Thao, who introduced the legislation.
“These workers — who are predominantly African American, Asian American and Latinix, communities of color — are on the front line of the crisis.”
The ordinance was supported by co-sponsors council members Nikki Fortunato Bas, Dan Kalb and Loren Taylor.
Thao said the ordinance will ensure that “every full-time worker has 80 hours of sick pay compensated at their normal wage level so if they are exposed to COVID-19, they can take the time to get better without financial hardship. By allowing workers exposed to COVID-19 to self-isolate without fear of financial hardship, this ordinance will also slow the spread of the virus.”
The measure goes into effect immediately. This applies even to workers at companies with more than 500 employees — a critical segment that was left out of federal emergency sick leave legislation. It also applies to gig workers and other workers not classified as full-time employees, such as Uber and Lyft drivers.
The ordinance exempts employers with fewer than 50 employees, which Thao said make up 90 percent of Oakland’s businesses. In addition, nonprofits, health care and businesses offering 160 hours of paid leave and allowing 80 hours of it to be used as sick leave are also exempt. It covers only businesses in Oakland, not Oakland residents who work in other cities.
The legislation will apply to employees who are isolated or quarantined because of a public health order, told to self-quarantine, have symptoms of coronavirus or have underlying health conditions. It would also cover those caring for others who are quarantined, or caring for children if their school or daycare has been closed.
“This is important legislation for Oakland workers,” said Kate O’Hara, executive director of the East Bay Alliance for a Sustainable Economy. “Oakland is the hardest-hit city in Alameda County, and workers deserve peace of mind knowing their paychecks will not be jeopardized if they miss work due to illness.”
The Oakland City Council will take up a “right-to-return” ordinance soon. The proposal, also sponsored by Thao, would ensure workers in industries who are laid off because of coronavirus have the right to their jobs when employers reopen and resume hiring.
Vice Mayor Larry Reid voiced concern about enforcing the new sick leave policy. He noted that a proposal to establish a new city department to administer workplace and employment standards hasn’t been approved yet.
Thao replied to Reid, saying the sick leave policy is an “emergency that we move forward with” and said the city has mechanisms to enforce ordinances.
“I really hoped we were able to vote on it last week, but we weren’t able to (because of a lack of a quorum),” she said. “It’s truly an emergency, and I see this as saving lives and making sure we keep the health and welfare of the general public healthier.”