It’s Back! COVID Supplemental Paid Sick Leave in CA
California has reinstated the COVID Supplemental Paid Sick Leave (CSPSL) for all employers with 26 or more employees. The new law, SB 114 is effective February 19th, 2022 through September 30th, 2022. The CSPSL law is retroactive to January 1st, 2022 and employees can request payment for prior unpaid leave due to a reason covered under CSPSL. Employees can not be required to use other sick leave, vacation, or paid time off in lieu of receiving CSPSL.
Full-time employees are entitled to receive up to 80 hours of CSPSL while part-time employees will receive a prorated amount of leave hours.
An employee who is unable to work or telework can use 40 hours of CSPSL due to 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, 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.
- For each vaccination or vaccine 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 health care provider that the covered employee or their family member is continuing to experience symptoms related to a COVID-19 vaccine or vaccine booster.
- 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.
- 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.
Employees are eligible for an additional bank of 40 hours of CSPSL for the following reason:
- If the employee, or a family member for whom the employee is providing care, tests positive for COVID-19.
- The employer may require the employee to provide a positive test for themselves or the family member they are caring for as a condition of receiving CSPSL.
- The employer may require the employee, if that employee tests positive, to submit to another test on or after the fifth day after the first positive test and provide documentation of those results.
It is important to keep in mind that the COVID Supplemental Paid Sick Leave does require several additional logistical considerations for employers such as written notice and posting requirements.
There have been many recent changes for employers in recent weeks regarding COVID-19 in the workplace and keeping up with them can be challenging! Most recently, The California Department of Public Health announced that after February 15, 2022, the universal indoor mask mandate for fully vaccinated individuals will end. This will require employers to document the vaccination status of all their employees or continue with mask mandates in the workplace for all employees. At SDHRC we are here to assist you with guidance surrounding COVID-19 and more. Please reach out to email@example.com for further questions and additional information. We are always happy to help!
Authors: Traci Hagan and Marsi Harris