top of page

MANDATE PAID

SICK LEAVE

In January, Governor Newsom announced that he and the California legislature reached an agreement on a framework to revive the COVID-19 supplemental paid sick leave (“SPSL”), which had expired in September 2021. 
  This revival would be retroactive to January 1, 2022.
On February 7, 2022, California lawmakers passed the corresponding legislation. The Governor is expected to sign the legislation imminently.
 
Here are the details that employers need to know:

Cristal GB Logo Tax Consulting Color.png

Covered Reasons for Leave

Covered employees are entitled to SPSL for any of the following reasons:

-  The employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the State Department of Public Health, the federal Centers for Disease Control and Prevention (“CDC”), or a local public health officer who has jurisdiction over the workplace;


- The employee has been advised by a health care provider to isolate or quarantine due to COVID-19.


- The employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19;


- The employee is experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework;


- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;


- The employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine; or

- The employee is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

 

Amount of Covered Leave
 
A full-time covered employee is entitled to 40 hours of SPSL for the reasons detailed above. A part-time covered employee is entitled to a proportionate number of hours of SPSL based on the type of schedule the employee maintains for the reasons detailed above.
 
Both full and part-time employees are entitled to an additional amount of time, equal to their allotment for the reasons detailed above, if the employee or family member for whom the employee is caring for tests positive for COVID-19, e.g., full-time employees are entitled to an additional 40 hours. Employers are permitted to require documentation of the positive test to provide leave for this reason.
 
The maximum amount of SPSL a full-time employee can take during the period from January 1, 2022 through September 30, 2022, is 80 hours. 
 
Notice Requirement
 
The employer shall provide an employee with written notice that sets forth the amount of SPSL that the employee has used through the pay period in which it was due to be paid on either the employee’s itemized wage statement described in Labor Code section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages.
 
The employer shall list zero hours used if a worker has not used any COVID-19 supplemental paid sick leave.
 
Employers are required to post a notice to be developed by the Labor Commissioner about this new SPSL benefit. If an employer’s covered employees do not frequent a workplace, the employer may satisfy this requirement by disseminating the notice through electronic means, such as e-mail.

bottom of page