As most of the country taps the brakes on COVID-19 laws, California has its foot firmly on the gas pedal.

Last week, California’s Governor amended Labor Code Section 248.6 by signing Senate Bill (SB) 114, which can be found here. The amended law requires employers to provide up to 80 hours of supplemental California paid sick leave for COVID-19-related reasons beginning February 19, 2022.

In briefest summary: 

  • The law applies to employers with 26 or more employees.
  • If the employer is covered, all California employees (full-time and part-time) are eligible for supplemental leave. However, part-time employees may be eligible for less supplemental sick leave based on a formula contained within the law.
  • California supplemental COVID-19 sick leave must be displayed as a separate line item on pay statements. 
  • The requirements extend through September 30, 2022.
  • Employees may utilize supplemental sick leave to care for themselves or their family members. Family member is defined broadly to include immediate family plus grandchildren, grandparents, and siblings. 
  • Supplemental COVID-19 sick leave can be utilized for numerous COVID-19-related reasons:
  • Employee is subject to a quarantine or isolation period related to COVID-19 as defined by federal, state, or local orders or guidance.
  • Employee is advised by a health care provider to self-quarantine or isolate due to concerns related to COVID-19.
  • Employee or family member is attending an appointment to receive a COVID-19 vaccine or booster.
  • Employee or family member is experiencing symptoms related to a COVID-19 vaccine or booster that prevent the employee from being able to work or telework.
  • Employee is experiencing COVID-19 symptoms and seeking a medical diagnosis.
  • Employee is caring for a family member who is subject to a quarantine or isolation order or guidance or who has been advised to self-quarantine or isolate by a health care provider due to concerns related to COVID-19.
  • Employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
  • Employee tests positive, or is caring for a family member who tests positive, for COVID-19.

Tracking utilization of supplemental COVID-19 sick leave under the amended law will not be easy.

There will be two separate “up to 40-hour” leave banks (up to 80 hours total). Sick 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. Sick leave hours from the second “up to 40-hour” bank will be available only for 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 are permitted to require documentation of a positive COVID-19 test result. Employers are also permitted to require documentation if the employee requests vaccine or booster-related leave beyond 24 hours (3 workdays). However, employers cannot require documentation from a treating medical provider for time off relating to COVID-19 quarantine or symptoms; you are required to take your employee’s word for it.

Stay tuned, because the California Labor Department is expected to publish a model notice poster on or before Friday, February 18, 2022.

Need assistance understanding the California supplemental sick leave requirements? Don’t worry, we’re here to help!

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