Covid-19 Resources: California

On 2/9/2022 Governor Newsom signed SB 114 which creates new Labor Code § 248.6 to ensure employees have access to COVID-19 supplemental paid sick leave through September 30, 2022.  A similar law was implemented last year but expired in September 2021. The new law takes effect immediately and is retroactive to January 1, 2022, but an employer’s obligation to provide 2022 COVID-19 supplemental California paid sick leave does not begin until 10 days after the governor signs, February 19, 2022.
 
The supplemental paid sick leave may be used by employees who have been advised to quarantine, those caring for COVID-impacted family members, attending a COVID-19 vaccination appointment, and more. A family member is defined to include a child, grandchild, grandparent, parent, sibling, or spouse.
 
New Labor Code § 248.6 will apply to employers with 26 or more employees and to a number of public entities. To be eligible for up to an additional 40 hours of paid leave, employees must provide proof that they or a family member has tested for COVID-19.  Small businesses employing 25 or fewer workers are exempt from the legislation, which is retroactive to sick leave taken beginning January 1, 2022.
 
The process for determining the amount of leave employees receive and can use under the 2022 law is slightly different from the 2021 law. The maximum potential amount of paid sick leave an employee can receive is 80 hours for full-time employees (a proportionate amount for other employees). Unlike prior versions of the law, however, there will be two separate “up to 40-hour” leave banks.
 
Leave hours from one “up to 40-hour” bank will be available only if the employee tests positive for, or is caring for a family member who tests positive for, COVID-19.  The maximum potential amount of CPSL an employee can receive is 80 hours for full-time employees. Unlike the prior law that expired in September 2021, there will now be two separate “up to 40-hour” leave banks.

• Leave hours from one “up to 40-hour” bank will be available only if the employee tests positive for, or is caring for a family member who tests positive for, COVID-19.
• Leave hours from the second “up to 40-hour” bank will be available only for other covered reasons (quarantine or isolation, vaccine appointments or recovery, experiencing COVID symptoms and seeking medical diagnosis, closure of school or place of care for reasons related to COVID-19 on the premises).

Employers should review the California Labor Commissioner’s webpage, COVID-19 Guidance and Resources. The FAQ’s will be updated and published there soon to assist with common questions: 
https://www.dir.ca.gov/dlse/COVID19resources/