Fairfax requires COVID sick leave at smallest businesses

The town's urgency ordinance, like similar ones adopted by San Anselmo and the county, applies to businesses with 25 or fewer employees.

Fairfax will require businesses with 25 or fewer employees to offer paid sick leave for COVID-19 causes.

The urgency ordinance, approved in a unanimous Town Council vote on Wednesday, expands on the 2020 federal Families First Coronavirus Response Act. The law, which expires this month, mandates paid sick leave for employees unable to work or telecommute because of COVID-19, with a tax credit for reimbursing employers.

In March, Gov. Gavin Newsom signed Senate Bill 95, requiring employers with more than 25 workers to provide COVID-19-related paid sick leave through Sept. 30. Although smaller businesses may take advantage of federal tax credits under the bill, they are not required to provide paid sick leave.

The Board of Supervisors passed an urgency ordinance on June 8 to establish the same paid sick leave requirements for businesses with 25 or fewer employees in unincorporated areas of the county. San Anselmo approved a similar ordinance in August. The ordinance will be in place for one month.

Fairfax businesses with 25 or fewer employees — most of the town’s establishments — are required to provide paid sick leave at a maximum rate of $511 a day, or $5,110 total, for employees who cannot work remotely.

Paid sick leave is available to employees who need to isolate; experience COVID-19 symptoms; need a diagnosis; have a child care or senior care provider closed because of public health concerns; or need a vaccine. The ordinance credits paid sick hours if employees need them for COVID-19 related care in the future. Employers can then be reimbursed by claiming the tax credit.

Hummingbird cafe owner Michelle Elmore said she already offered paid sick leave.

“I’ve done it the whole time … the whole 11 years,” Elmore said. “The safer we are, the better off I am.”

Amélie Café and Wine Bar owner Romain Martinez said the same.

“What we do is if someone has COVID-19 and has to leave for two weeks, we actually already offer compensation,” Martinez said.

Vice Mayor Stephanie Hellman had asked for the issue to come before the council, noting how easily the delta variant can spread.

“This is a safety net if you will, it’s a matter of public safety to protect employees and the rest of us,” Hellman said. “Not only if you get COVID-19, but it provides coverage for getting tested, for getting vaccinated and if you have a loved one you have to take care of at home as well.”

Mayor Bruce Ackerman said he got a lot of emails from the community, the majority of which supported the ordinance.

Several commenters at the council meeting echoed the support, including Joe McGarry, who pointed out essential workers are more affected by the pandemic and might be concerned about losing shifts and pay as potential contacts are high.

Maddy Hirshfield of the North Bay Labor Council said businesses also can use American Rescue Plan Act funds to cover costs associated with allowing people to take off work.

“This virus is not going away, and we all know that people will go to work sick if they think they’re not getting paid,” Hirshfield said. “This is just something that we need to do to keep us all healthy.”