As a result of Gov. Newsom’s signing of new protections into law, under Senate Bill 114 ( specifically SB 114’s new Labor Code section 248.6), on Wednesday, tens of thousands of California workers will now have access to Covid-19 supplemental paid sick leave (SPSL). Policymakers are hopeful the newly enacted legislation will lead to further declines in Covid cases throughout the state. However, it is essential to note the law does not apply to all workers and businesses.
Here are some answers to questions employees and employers may have about California’s Covid-19 SPSL.
When does coverage start, how long will it last, and when will it expire under the new law?
Ten days after the bill’s enactment, SB 114’s paid supplemental sick leave became effective on February 19, 2022. However, COVID-related illnesses are also covered retroactively under the supplemental leave from January 1, 2022.
Who is eligible for coverage under SB 114?
Governor Newsom’s newly enacted law applies only to companies with 26 or more employees and protects workers who cannot work in-office or remotely due to Covid-19.
What are the reasons for using the supplemental paid sick leave?
Employees protected by the law with qualifying COVID-19-related reasons that prevent them from working or teleworking are eligible for SPSL. Another covered instance is when symptoms of COVID-19 are apparent, or a known close contact exposure has occurred, and the worker is seeking testing and a medical diagnosis.
The law also permits workers to take leave to care for family members affected by Covid-19, including the employee’s children, parents, spouse, a registered domestic partner, grandparents, grandchildren, as well as siblings. The employee is entitled to Covid SPSL if they care for a child and their school, daycare, or other care provider is closed or unavailable due to COVID-19.
In addition to the COVID-19 supplemental paid sick leave, employees are entitled to each vaccination or vaccine booster 24 hours or up to 3 days total) of sick leave unless they provide proof for a qualified health care professional that they or a family member that the employee cares for are exhibiting symptoms related to COVID-19.
How is the amount of Covid SPSL determined for various employees?
SB 114 provides employees a max of up to 80 hours of COVID-19 related supplemental paid sick leave. SB 114 allocated two batches of up to 40 hours of Covid related supplemental paid sick leave. Each portion of Covid-19 SPSL permits up to 40 hours.
- An employee deemed full-time by their employer or who worked at least 40 hours per week in the two weeks preceding the date which take or start sick leave is entitled to 40 hours of Covid-19 related SPSL.
- A part-time employee with a predetermined weekly schedule is entitled to the total hours generally scheduled for one week but not more than 40 hours.
- Part-time employees working varying schedules are still entitled to leave under the new law. Such an employee would be eligible for seven times the average number of hours they worked each day in the six-month duration before the date they start covid related SPSL. However, the amount is not to exceed the max of 40 hours.
- On the other hand, if an employee has worked less than six months for the employer, then the total length of their employment would be used as the determinant. If the employee has worked for the employer for seven or fewer days, then the total hours worked would be used to make the determination.
- An employee could qualify for the second batch of up to 40 Covid SPSL hours if they test positive for COVID-19 or care for a Covid-positive family member. The employer may require proof of positive test results. Should an employee request part of their second portion of 40 hours of SPSL, their employer may need them to retest on the fifth day following the initial positive Covid test, and the testing is at the employer’s expense. Additionally, suppose an employee cares for a family member sick with Covid and requests sick leave from their second batch of Covid SPSL. In that case, their employer may also request that the employee provide a positive test result for the family member.
Note: Your employer cannot force you to use any other paid or unpaid leave like paid time off or any vacation time before using, or instead of using, Covid SPSL.
What to do if your employer is violating the law?
Employers must modify policies and practices to ensure compliance with changing COVID laws at the federal, state, and local levels. If your employer is not honoring Covid Supplemental paid Sick Leave laws or violating this and any other employment-related legislature, the best step to take is to consult with an experienced employment litigation attorney.
