State Legislature Sends Paid Sick Leave to Governor’s Desk

The California Legislature sent their Supplemental Paid Sick Leave bill, SB 114, to Governor Newsom’s desk where it now awaits his signature. Though the bill will take effect immediately once signed, there is a 10-day implementation grace period, at which point the entitlements shall apply retroactively to January 1, 2022.

According to an analysis by the Assembly, the bill “essentially extends the provisions of SB 95 [2021] for an additional nine months, from January 1, 2022 to September 30, 2022.” (To view the KSC Update on SB 95, click here.) While the bill largely builds off last year’s supplemental paid sick leave legislation, there are a few highlights worth noting. Please note that this summary is not the entirety of requirements stipulated by the bill, and all information can be found here.

SB 114 (Committee on Budget and Fiscal Review)

• Entitles a covered employee to 40 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave.
• In addition to the COVID-19 supplemental paid sick leave described above, the bill entitles covered employees to take up to 40 more hours of COVID-19 supplemental paid sick leave if the covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19.
• Authorizes the employer to require the covered employee, if that employee tests positive, to submit to another test on or after the fifth day after the first positive test and provide documentation of those results.
• Authorizes the employer to require the covered employee to provide documentation of a family member’s test result before paying the additional COVID-19 supplemental paid sick leave, as applicable.
• Specifies that the employer has no obligation to provide additional COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result.

Specifically, the bill states that an employer shall provide COVID-19 supplemental paid sick leave to each covered employee if that covered employee is unable to work or telework due to any of the following reasons:

• The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer who has jurisdiction over the workplace. If the covered employee is subject to more than one of the foregoing, the covered employee shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidance that provides for the longest such minimum period.
• The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19.
• The covered employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19.
• The covered employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevent the employee from being able to work or telework.
• Employees may take up to 24 hour of paid sick leave per vaccine/booster but must provide a doctor’s note for additional time.
• The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
• The covered employee is caring for a family member who is subject to an applicable order or guidance, or who has been advised by a health care provider to isolate or quarantine due to COVID-19.
• The covered employee is caring for a child, as defined in subdivision (c) of Section 245.5, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

Please note, employers may not require the aforementioned paid sick leave to be exhausted before using leave available under the Cal/OSHA Emergency Temporary Standards. If you have any questions regarding supplemental paid sick leave or Cal/OSHA ETS requirements, please contact Louie Brown at lbrown@kscsacramento.com.

This was provided on behalf of Kahn, Soares & Conway, LLP.

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Source: Kahn, Soares & Conway, LLP

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