California
2021-03-24
The California legislature passed on March 19, 2021 and Governor Gavin Newsom signed the bill into law just one day later on March, 20 2021. SB 95 provides supplemental sick leave benefits to certain employees needing to take leave for various reasons due to the COVID-19 pandemic. SB 95 significantly expands coverage of COVID-19 supplemental paid-sick leave to employers that employ more than 25 employees. It also allows employees to take COVID-19 supplemental sick leave for new purposes, including for vaccinations. The law applies retroactively from January 1, 2021 and requires an employer to compensate any employee who took unpaid time off prior to the law’s enactment so long as the employee took this time for one of the specified purposes.
An employer shall provide COVID-19 supplemental paid sick leave to each covered employee if that covered employee is unable to work or telework due to any of the following reasons:
(A) The covered employee is subject to a quarantine or isolation period related to COVID-19.
(B) The covered employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
(C) The covered employee is attending an appointment to receive a vaccine for protection against contracting COVID-19.
(D) The covered employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework.
(E) The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
(F) The covered employee is caring for a family member who must or has been advised to self-quarantine or isolate.
(G) 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.
The law provides that the covered employee may determine how many hours of COVID-19 supplemental paid-sick leave to use, up to the total number of hours to which the covered employee is entitled. The employer cannot require a covered employee to use any other paid or unpaid leave, paid time off, or vacation time before invoking COVID-19 supplemental paid-sick leave or in lieu of COVID-19 supplemental paid-sick leave.
For a copy of SB 95, click HERE
Debra S. Tobias
Oxnard (Westlake Village) |