Ryan Cowdin
Thu, 02/17/2022
Beginning on February 19, 2022, most California employees will be able to enjoy supplemental paid sick leave (SPSL) for COVID-19 related absences from work. This is the second time California has provided SPSL, the last iteration ending on September 30, 2021. The benefits of the current legislation will apply retroactively to January 1, 2022 (employees must ask for qualifying leave already taken to be converted to SPSL), and will continue until September 30, 2022.
The new SPSL law makes 80 hours of total leave available to employees until September 30, 2022. These hours are broken up into two 40-hour allowances. First, an employee is entitled to 40 hours of leave if they positive for COVID-19 or must care for a COVID-19 positive family member. Second, an employee is entitled to an additional 40 hours of leave if the employee:
(1) has to quarantine due to COVID-19 exposure;
(2) has been advised by a health care provider to quarantine;
(3) is attending an appointment for themselves or a family member who is receiving a vaccination or experiencing symptoms;
(4) is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
(5) is caring for a family member who is subject to a quarantine or has been advised to isolate; or
(6) is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19.
The availability of the above leave is subject to some limits and procedural requirements. SPSL is capped at $511 per day, and only applies to employers with at least 26 employees. Employers may limit the total leave taken for vaccinations and boosters to 3 days or 24 hours unless the employee provides proof from a health care provider that additional time is needed. In addition, Employers can require employees to show proof of a positive test result, and must make testing available to the employee for free. Finally, while part-time employees are eligible for SPSL as well, they can only take a proportional amount of leave. So, a part-time employee working 20 hours per week will only be entitled to a total of 40 hours of leave (broken up into two 20-hour allowances, as detailed above).
If you are a California employee looking to use COVID-19 SPSL, contact an attorney or visit California’s Department of Industrial Relations’ frequently asked questions page for further information. https://www.dir.ca.gov/dlse/COVID19Resources/FAQ-for-SPSL-2021.html
