California Governor Newsom signs an extension of COVD-19 Supplemental Sick Leave into law.

SB 114 extends COVID-19 Supplemental Paid Sick Leave (SPSL) through September 30, 2022 and adds two new sections to the Labor Code, sections 248.6 and 248.7. This bill requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave for covered employees who are unable to work or telework for certain reasons related to COVID-19.  It entitles a covered employee to 40 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee  was off work for qualifying reasons.

The bill provides a different calculation for supplemental paid sick leave for firefighters, subject to certain work schedule requirements and for covered employees working fewer or variable hours, as specified.

This bill also provides for COVID-19 supplemental sick leave for specified in-home service providers and personal waiver care service providers, as defined, who are unable to work or telework for certain reasons related to COVID-19.

A covered employee shall be entitled to 40 hours of COVID-19 Supplemental Paid Sick Leave due to:

  • Being subject to a quarantine or isolation period related to COVID-19
  • Being advised by a healthcare provider to isolate or quarantine due to COVID-19
  • Attending an appointment for themselves or a family member to receive a vaccine or vaccine booster for protection against COVID-19
  • Experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster, which prevents an employee from being able to work or telework. For each vaccination or booster, an employer may limit the total COVID-19 supplemental paid sick leave to 3 days or 24 hours unless the employee provides verification from a healthcare provider that the continuing symptoms are related to a COVID-19 vaccine or vaccine booster
  • Experiencing symptoms of COVID-19 and seeking a medical diagnosis
  • Caring for a family member who is subject to an order or guidance, or who has been advised to isolate or quarantine
  • Caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises

In addition to the COVID-19 supplemental paid sick leave described above, a covered employee can take up to 40 more hours of COVID-19 supplemental sick leave if the employee tests positive for COVID-19 or a family member for whom the employee provides care tests positive for COVD-19.

If the employee tests positive, an employer may require the employee to submit to another diagnostic test on or after the fifth day following the initial test and to provide documentation of those results.

If the employee requests additional leave to care for a family member who has tested positive for COVID-19, the employer may require documentation of that family member’s test results before paying the additional leave.

An employer is prohibited from requiring a covered employee to use any other paid or unpaid leave, including paid time off or vacation time provided by the employer, in lieu of COVID supplemental paid sick leave or before commencing payment of COVID-19 supplemental paid sick leave. An employer also cannot require a covered employee to first exhaust their COVID supplemental paid sick leave before satisfying any requirement to provide paid leave for reasons related to COVID-19 under any Cal-OSHA COVID-19 Emergency Temporary Standards.

Employers are required to post a notice about COVID supplemental paid sick leave to the notice employers post regarding regular paid sick leave under Labor Code Section 247. If employees do not frequent a workplace, the employer may provide the notice through electronic means, such as by e-mail.

The requirement to provide COVID-19 supplemental paid sick leave takes effect 10 days after the enactment of this bill, which was signed by Governor Newsom today.  The requirements apply retroactively to January 1, 2022. If an employee took unpaid leave  dating back to the first of the year for one of the qualifying reasons,  and that time was either unpaid by the employer or not paid at the same level required by AB 84, the employee may make a verbal or written request for retroactive payments. An employer may require a covered employee to provide documentation of a positive COVID-19 diagnostic test during the relevant period, if the employee requests retroactive payment of the COVID-19 supplemental paid sick leave.