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COVID-19 Paid Leave Returns to California

On February 9th, SB114 (full bill text here) was signed into law by Governor Newsom, bringing back COVID-19 Supplemental Paid Sick Leave (SPSL) for covered California employees. This bill goes into effect February 19th 2022, but is retroactive to January 1, 2022. Please click here to see the FAQ.

Employers who are affected by this bill (26 or more employees), will want to make sure they post this info sheet in an area accessible to all staff, typically right next to labor law posters. For staff who work remotely, emailing them the info sheet is sufficient.

Highlights of the bill include:

  • The bill is in effect from January 1 2022-September 30 2022
  • The bill is only required for employers with 25 or more employees (at least 26 employees)
  • All employees who are unable to attend work in person or telework are covered, there is no length of service requirement
  • Full time covered employees are entitled to 40 hours of SPSL, while part time covered employees are entitled to proportionate number of hours based on their typical schedule. These hours are dependent on meeting the below criteria
  • Employees are eligible to receive an additional 40 hours should they again meet the criteria covered below.
  • The max hours an employee can receive is 80 hours from Jan 1 to Sep 30

Reasons for using SPSL:

  1. The covered 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.
  2. The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19.
  3. The covered employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19. (maximum of 3 days or 24 hours for vaccination/booster side effects, without a doctors note)
  4. The covered 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.
  5. The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  6. The covered employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
  7. The covered 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.

There is a lot to unwrap here, so please don't hesitate to reach out if you have issues on how this bill affects your organization.