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COVID-19 SUPPLEMENTAL PAID SICK LEAVE LAW
BY: JAMIE M. BOSSUAT, ESQ.• KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON On February 9, 2022, Governor Newsom signed Senate Bill 114 into law, reauthorizing COVID-19 supplemental paid sick leave in California. The law differs from that of 2021, so employers should take note and update any corresponding policies.
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Who is covered under the new law? All workers employed by a business with 26 or more workers are covered by the new law. The leave can be used for family members including a child, grandchild, grandparent, parent, sibling, or spouse.
What are the effective dates? The law is retroactive and covers a leave that begins January 1, 2022 through September 30, 2022.
What reasons can employees use the leave? If the employee cannot work or telework because the employee, or a family member for whom they are caring, is experiencing the following:
• Positive COVID-19 test; • COVID-19 symptoms and seeking a diagnosis; • Is advised to self-quarantine or isolate by a health care provider or due to a federal, state, or local order or guidance; • Is attending a vaccine appointment; • Is experiencing vaccine-related side effects; or • The employee is caring for a child whose school or place of care is closed or unavailable due to COVID-19.
How much leave is available? Full-time employees can use up to 80 hours of paid leave. This is provided in two leave “banks”: (1) Up to 40 hours for an employee who tests positive for
COVID-19 or is caring for a family member who tests positive; and (2) Up to 40 hours for all other covered reasons.
Part-time employees receive one week of their regularly scheduled hours in each leave bank. Employees whose schedule varies receive an allotment based on their average number of hours worked, based on a formula provided in the law.
Time off for vaccines/boosters and related symptoms can be limited to 3 days or 24 hours unless an employee receives verification from a healthcare provider that they are continuing to experience symptoms past this period.
What is the rate of pay? The pay must be provided at the “regular rate” of pay or under a 90-day lookback specifically defined in the new law. Employers can cap pay at $511 per day and require employees to use other types of paid leave to “top up” their pay to their full daily pay.
What documentation is required? Employers can require employees to submit proof of a positive test result. Additionally, employers can require a second COVID-19 test on the 5th day after the first test if they pay for the cost of the test.
Employers must list COVID-19 supplemental sick leave used on the pay stub. A mandatory poster will also be required and will be available on the California Labor Commissioner’s website in the near future.
For questions about the new sick leave law, we recommend you contact an employment lawyer for specific advice.
