Supplemental Paid Sick Leave
Newly enacted or modified laws not administered by The Hartford (informational only):
- Existing law provides Paid Sick Leave for COVID-19 through September 30, 2022.
- New law extends the Paid Sick Leave provisions through December 31, 2022.
- Read Full Bill
COVID-19 Paid Leave – Emergency Temporary Standard
Cal/OSHA has approved a re-adoption of the COVID-19 Emergency Temporary Standard (ETS) that was previously set to expire in May 2022.
- The ETS is effective May 6 through December 31, 2022.
- New FAQs will be issued to clarify recent changes, including how the California Department of Public Health guidance interplays with the latest ETS.
- The amendments also expand the penalty mechanism for enforcement of the ordinance.
- Read the Full Bill.
- Read Cal/OSHA COVID-19 ETS Resources.
COVID-19 Supplemental Paid Sick Leave – FAQ Update
The California Department of Industrial Relations has updated its FAQ publication for the COVID-19 Supplemental Paid Sick Leave (SPSL) policy to provide clarifications to provisions of SB114:
- The law was approved on February 9, 2022 and applies retroactively to January 1, 2022.
- The FAQs clarify that the law pertains to all employers, public or private, with 26 or more employees, including those with collective bargaining agreements.
- Covered employees are those who cannot work or telework due to COVID-19 or vaccine-related reasons. Under the 2022 COVID-19 Supplemental Paid Sick Leave law, covered employees are entitled to paid sick leave in addition to leave that was provided under previous laws which expired on September 30, 2021.
- A covered full-time employee who worked or was scheduled to work an average of at least 40 hours per week in the two weeks before the leave is taken can take up to 80 hours of leave. This leave can consist of 40 hours of COVID-19 Supplemental Paid Sick Leave for any of the reasons listed in the policy and an additional 40 hours if the covered employee or qualifying family member tests positive for COVID-19.
- Read Full Bill
COVID-19 Supplemental Paid Sick Leave
This new law is similar, but not identical, to the COVID-19 Supplemental Paid Sick Leave law that was effective last year.
- The law requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave for covered employees who are unable to work due to certain reasons related to COVID-19.
- The law entitles full-time employees up to 40 hours of supplemental paid leave if the employee or a family member for whom they provide care tests positive for COVID-19.
- The law also provides full-time employees with a separate entitlement of up to 40 hours of leave for the following reasons:
- The employee or a family member for whom the employee is caring is subject to quarantine or isolation related to COVID-19 either by federal, state, or local order, or as advised by a health care provider,
- The employee or the employee’s family member is attending an appointment for a COVID vaccination or experiencing symptoms related to the vaccine,
- The employee is experiencing COVID-19 symptoms and is seeking medical diagnosis, or
- The employee is caring for a child whose place of care is closed due to reasons related to COVID-19.
- Part-time employees are also entitled to these two forms of leave on a prorated basis as detailed in the language of the law.
- The bill will be retroactively effective starting January 1, 2022 and will apply until September 30, 2022. Employers are required comply beginning February 19, 2022, which is 10 days after the date of enactment.
- The Department of Industrial Relations is working to provide full details of the new law, including providing an FAQ and workplace posting. The Labor Commissioner’s website will contain this information when it is available. Employers are encouraged to check for updates. Employers should be aware that this law does contain different provisions from the previous bill.
- Read full bill
COVID – 19 Paid Sick Leave – Small Employees
The town of San Anselmo expanded a prior temporary ordinance to require employers with 25 or fewer workers provide COVID-19 related paid sick leave. Although small businesses in California can use federal tax credits under the Families First Coronavirus Response Act for the cost of paid sick leave, they are not required to by state law to provide COVID-related sick leave.
- The temporary ordinance expired on September 30, 2021.
COVID-19 – Supplemental Paid Sick Leave
California’s Supplemental Paid Sick Leave took effect immediately and applies retroactively to January 1, 2021 to private and public employers with 25 or more employees. It will expire on September 30, 2021.
The new legislation:
- Provides eligible employees, who work at least 40 hours per week, with up to 80 hours of Supplemental Paid Sick Leave (SPSL) when they can’t work or telework for qualifying reasons relating to COVID-19.
- Gives full-time employees who work at least 40 hours per week up to 80 hours of leave. Part-time employees are offered a prorated amount of paid time.
- Expands leave to receive or recover from a COVID-19 vaccination and to care for a family member under quarantine.
- Prohibits employers from requiring employees to use other forms of leave prior to granting SPSL.
- Required employers to display a poster notifying employees of their rights.
- Is in addition to any previously available Paid Sick Leave provided under the Federal FFCRA which expired on December 31, 2020.
Updated Disability and Paid Family Leave Guidelines
- The state’s updated guidelines provide job protection and benefits to employees affected by COVID-19.
- Employees unable to work because they’ve been diagnosed with or exposed to COVID-19 can file for Disability benefits under the State Disability insurance program.
- Employees unable to work because they have to care for a sick or quarantined family member may file for Paid Family Leave.
- Employees affected by business slowdown may be eligible for Unemployment Insurance to make up for the reduction in hours.
- More information: California Employment Development Department.
Supplemental Paid Sick Leave
Temporarily amends existing law to create COVID-19 Supplemental Paid Sick Leave for Food Sector, Health Care, and Emergency Responder industry workers employed at businesses with 500 or more employees.
- Introduced in January as a bill to enact changes to the Budget Act of 2020, however entirely rewritten on August 28, 2020 to include COVID-19 related provisions.
- Creates COVID-19 Food Sector Supplemental Paid Sick Leave, requiring up to two weeks of COVID-19 Paid Sick Leave for food sector workers employed at businesses with 500 or more employees.
- Provisions are retroactively effective as of April 16, 2020 and will expire on the later of December 31, 2020, or upon the expiration of any extension of the federal Emergency Paid Sick Leave Act.
- One exception to the expiration noted above is where a covered food sector worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this law shall be permitted to take the full amount of COVID-19 supplemental paid sick leave.
- Also establishes COVID-19 Supplemental Paid Sick Leave for covered workers who leave their place of residence to perform work and are either employed by a hiring entity with 500 or more employees in the United States or who are employed as health care providers or emergency responders and are excluded from the federal FFCRA. These provisions became effective 10 days after being signed into law, and will expire on the later of December 31, 2020, or upon the expiration of any extension of the federal Emergency Paid Sick Leave Act.
- One exception to the expiration noted above is where a covered worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this law shall be permitted to take the full amount of COVID-19 supplemental paid sick leave.
- Both forms of proposed Leave would be provided to eligible workers who are unable to work because they are subject to quarantine or isolation orders related to COVID-19, are advised to quarantine or isolate by a heath care provider for concerns related to COVID-19, or are prohibited from working due to health concerns related to possible transmission of COVID-19.
- Leave would be provided based on the number of hours the individual works in a two-week period, up to 80 hours in total.
- The new law also includes a mediation process for small employer family Leave.
Special Note for San Diego Employers
The San Diego City Council passed a provisional ordinance on September 8, 2020 which would have required employers with 500 or more employees to provide emergency Paid Sick Leave to San Diego employees for COVID-19 related reasons equivalent to that which is required of smaller employers by federal law. The ordinance provided exemptions for emergency responders, healthcare workers, parcel delivery workers and companies that provide at least 160 hours of Paid Sick Leave per year. The ordinance required a second vote prior to becoming effective. According to the City, the second vote on this ordinance will not occur now that AB 1867 has passed.
Emergency Temporary Standards on Work Exclusions, Face Coverings, Social Distancing
The Governor issued an executive order on Dec. 14, 2020 that requires employers’ written COVID-19 Prevention Program to use new standards recently issued by the state’s Division of Occupational Safety and Health Administration. These temporary, emergency measures were effective immediately upon issuance and make the following modifications to the length of time affected employees can be held out of work:
- Employees testing positive for or exposed to COVID-19 must be excluded from the workplace for 10 days, with pay, from the date of last exposure for all symptomatic contacts. The previous standard for exclusion was 14 days.
- Essential critical infrastructure workers can return to work after 7 days during staffing shortages if they received a negative PCR test result from a specimen collected after Day 5. This includes exposed asymptomatic health care workers and exposed asymptomatic emergency response and social services workers who work face to face with clients in the child welfare system or in assisted living facilities.
- Exposed asymptomatic contacts must wear face coverings and maintain a distance of 6 feet from others through Day 14.
- Longer exclusions are allowed where required by local health departments.
- More information: Governor’s Executive Order N-84-20
City of Santa Rosa Emergency Paid Sick Leave
This ordinance became effective July 7, 2020 and extends the requirements of the federal FFCRA emergency Paid Sick Leave law to larger employers.
- Now applies to employers with 500 or more employees.
- Requires the inclusion of healthcare providers and emergency responders.
- Applies the highest compensation rate cap found in the FFCRA for both caring for oneself and for someone else .
- Ordinance will apply through December 31, 2020.
- More information: Santa Rosa Emergency Paid Sick Leave Ordinance.
County of San Mateo Supplemental Paid Sick Leave Ordinance
This ordinance became effective upon passage on July 8, 2020, requiring employers to provide supplemental Paid Sick Leave to employees who have performed work in unincorporated areas within the County since January 1, 2020.
- Applies to employers with 500 or more employees.
- Covers employees who have performed work in unincorporated areas within the County since January 1, 2020.
- Employers must provide up to 80 hours of supplemental Paid Sick Leave to full time employees for reasons related to COVID-19.
- Part time employees will receive a prorated amount of Leave based on the number of hours worked in a two week period.
- Paid Leave will be provided at the employee’s regular rate of pay whether the reason for Leave is for the employee or to care for a family member.
- Payments will be capped at $511 a day or $5,110 in the aggregate.
- Employers can choose to exempt employees who are health care providers, aviation security workers, or emergency responders.
- Ordinance will remain in effect through December 31, 2020.
- More Information: San Mateo Supplemental Paid Sick Leave Ordinance.
Los Angeles Supplemental Sick Leave Ordinance
- The city issued an emergency order that extends two weeks of Paid Sick Leave benefits to employees working in Los Angeles who cannot work or telework due to the following reasons related to COVID-19:
- The employee must isolate or self-quarantine
- The employee is at least 65-years-old or has a vulnerable health condition
- The employee must care for a family member who is not sick but in isolation or self-quarantine or
- The employee must care for a family member whose school or care provider is closed
- To be eligible, employees must work for an employer with a workforce of 500 or more in the city or 2,000 or more in the U.S. between the dates of February 3, 2020 to March 4, 2020. Employers may not require a doctor’s note.
- These provisions are in effect from April 7, 2020 until two weeks after the COVID-19 local emergency has expired.
- More information: L.A. Mayor Emergency Order.
Oakland Emergency Paid Sick Leave
On May 12, 2020, the City of Oakland adopted an ordinance that requires employers to provide Emergency Paid Sick Leave – up to $511 a day or $5,110 total – to full- and part-time employees in the city unable to work due to the following impacts of COVID-19, including:
- Government quarantine order.
- Self-quarantine advised by health care provider.
- Experiencing COVID-19 symptoms and seeking a diagnosis.
- Caring for a child whose school or child care center is closed.
- Are at least 65 years of age and have underlying health risks or must care for a family member with COVID-19 (Applies to businesses with more than 50 employees).
- More information: Oakland Emergency Paid Sick Leave Ordinance.
Sacramento Worker Protection, Health, and Safety Act
- This ordinance became effective July 15, 2020, essentially requiring larger employers to provide emergency Paid Sick Leave as required of smaller employers under the federal Families First Coronavirus Response Act (FFCRA).
- Requires employers with 500 or more employees to provide supplemental Paid Sick Leave to employees for reasons relating to COVID-19.
- Employers must provide up to 80 hours of Leave to full time employees and two weeks equivalent Leave to part time employees.
- Ordinance set to expire on December 31, 2020; however the City of Sacramento will evaluate the impacts and effects of the ordinance within 90 days of its effective date.
- More Information: Sacramento Worker Protection, Health, and Safety Act.
San Francisco Paid Sick Leave
The San Francisco Office of Labor Standards Enforcement issued new guidance on the use of San Francisco Paid Sick Leave during the current local health emergency.
- This supersedes the previous guidance issued on March 24, 2020.
- Increases the number of days an employee may take leave without being required to show documentation from three to five days.
- Changes the reasons for which leave may be taken to include time off for the employee, or a family member in their care, to receive a COVID-19 vaccination, or to deal with the side effects of that vaccination.
- The provision under the previous guidance which allowed people in a “vulnerable population” to take leave has been removed.
- Read Full Bill
San Francisco Workers and Families First Program
- The city is using $10 million in public funds to provide 5 additional sick days to private-sector workers affected by COVID-19.
- This Leave is over and above existing Leave policies. To receive the additional Sick Leave:
- Employees must first exhaust their available Sick Leave
- Employees must exhaust or be ineligible for federal and state supplemental Sick Leave and
- Employers must agree to extend Sick Leave beyond current benefits
- More information: Office of Workforce and Economic Development.
San Jose Paid Sick Leave Ordinance
- An April 7 city ordinance requires certain San Jose employers to provide two weeks of Paid Sick Leave to employees who cannot work due to the impacts of COVID-19. The ordinance applies to employers who are not required to provide Emergency Paid Sick Leave under the federal Families First Coronavirus Response Act (FFCRA).
- The city ordinance entitles employees to Paid Sick Leave if:
- They or someone they are caring for are under quarantine or isolation orders
- They are advised by a health-care provider to self-quarantine
- They have symptoms of COVID-19 and are seeking a diagnosis or
- They are caring for their child whose school or daycare is closed
- Employees will receive their regular pay, up to $511 a day and a total of $5,110 if the leave is for self-care. If an employee is caring for someone else, they’ll receive two-thirds of regular pay, up to $200 a day and total of $2,000.
- There are exemptions for employees who can work from home and for employers who offer an equivalent amount of paid personal Leave.
- These provisions are in effect from April 8, 2020 to December 31, 2020.
- More information: San Jose Emergency Sick Leave Ordinance.
Sonoma County Emergency Paid Sick Leave
New ordinance requires employers with 500 or more employees to provide supplemental Paid Sick Leave similar to that which is already required of employers with fewer than 500 employees under the federal Families First Coronavirus Response Act (“FFCRA”).
- The ordinance is temporarily effective from August 18, 2020 through December 31, 2020.
- Requires employers to provide up to 80 hours of supplemental Paid Leave to full-time employees and two weeks equivalent of Leave for part-time employees if the individual is unable to work or telework due to specified reasons relating to COVID-19. Unlike the federal law, this ordinance does not provide an exception for health care providers, emergency responders, or union members.
- Individuals who are covered under a similar ordinance in the city of Santa Rosa are excluded from this ordinance.
- Employers must grant employees Leave upon written request and may require the employee to inform them of the reason Leave is needed, however employers are not allowed to require documentation.
- Leave must be paid at the employee’s full rate, up to $511 per day and $5,110 in the aggregate.
- Employers must provide employees with a notice of their rights, as detailed in the ordinance.
- The provisions of this ordinance will automatically extend if the FFCRA is extended beyond December 31, 2020 for as long as the FFCRA is active.
- More information: Ordinance No. 6320.