Supplemental paid sick leave for COVID to get an encore

California employers, be aware!

UPDATE (2/11/22): On Wednesday, February 9, Gov. Newsom signed the new bill, which can be found hereWe will publish more details about the new law next week.

California continues to be, in my humble opinion, the best state for employees. The latest proof is the government’s intent to bring back COVID-19 supplemental paid sick leave. 

On January 25, Gov. Gavin Newsom (D) announced that he, Senate President Tempore Toni G. Atkins, and Assembly Speaker Anthony Rendon have agreed “on a framework to ensure employees continue to have access to COVID-19 supplemental paid sick leave through September 30, 2022.” Although no new law has been enacted yet (the previous COVID supplemental paid sick leave law expired on September 30, 2021), news reports indicate that the new legislation is likely to include the following provisions:

  • The new law will apply to employers with 26 or more employees (similar to the prior legislation).
  • COVID-related paid sick leave will apply retroactively to cover absences beginning on January 1, 2022, through September 30, 2022.
  • Covered employers will be required to provide full-time employees with up to two weeks (80 hours) of supplemental sick leave, including up to 40 hours of flexible leave if the employee is sick or caring for a sick family member, and an additional 40 hours of leave if the employee or a family member tests positive for COVID-19.
  • Part-time employees will be entitled to a pro-rated amount of supplemental paid sick leave.

Again, no legislation has been passed as of the date of this post. So the actual legislation may not be identical to what is described above.

Tips for employers

COVID-19 paid supplemental sick leave is likely to be back in short order, and the 2022 requirements are expected to be very similar to those in the 2021 legislation. Thus, California employers have had a trial run, and many will already be prepared to comply with the 2022 legislation once it goes into effect. Employers should also expect the new legislation to require retroactive pay.

We will continue to monitor any new developments and will keep you up to date.

California employment laws keep employers up at night, wondering what is coming next. There always seems to be something. From new statutes to new regulations to new court decisions, we will keep you up to date on developments in the areas of wage and hour, discrimination, leaves of absence, retaliation, class actions, PAGA, and arbitration. We’ll also provide you with practical information on how to update your policies and employment practices. Please subscribe to keep current.

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