New California COVID-19 Supplemental Paid Sick Leave Law Effective Immediately
In recent weeks, both the federal government and California enacted laws that extended and made significant changes to COVID-19-related paid sick and family leave requirements. The changes include several immediate action items for employers.
Below are some key highlights that you should know.
Employers with more than 25 employees must allow employees to use up to 80 hours of COVID-19 related sick leave until September 30, 2022. Part-time employees are entitled to a prorated amount of sick leave depending on hours worked.
Employers must start offering supplemental sick leave February 19. Employees may also use COVID-19 paid sick leave retroactively from January 1, 2022. Therefore, employees affected by the Omicron surge in January may retroactively request paid sick leave for missed days worked.
Employees may use COVID-19 paid sick leave for several reasons, including caring for themselves or a family member with COVIID-19 symptoms, vaccine-related absences, and when an employee is quarantining as a result of COVID-19. If you have questions about whether an absence qualifies, consult legal counsel.
Supplemental Paid Sick Leave is in addition to other paid sick leave mandates, including Labor Code Section 246 or local laws.
Employers must provide Notice of the new law electronically or by paper using the Department of Labor Standards Enforcement Notice, which will be posted here: https://www.dir.ca.gov/dlse/COVID19resources/
Employers should consult legal counsel soon to ensure that workers are notified of the new law and supervisors are trained in implementing it. The Department of Labor Standards Enforcement will be posting an FAQ in the coming days: https://www.dir.ca.gov/dlse/COVID19resources/
We highly encourage employers of all sizes to take a fresh look at their employee handbooks and other policies as they relate to family leave, caregiving, and paid sick leave. If you need assistance, please reach out directly to support@clementsemploymentlaw.com. It is a great time to refresh policies and practices to ensure a successful recovery!