California Employers to Provide Supplemental COVID-19 Paid Sick Leave Starting February 19, 2022

The latest California Senate Bill 114 (effective February 19, 2022) provides for additional up to 80-hour paid COVID-19 leave for covered employees.  The additional paid sick leave is valid from January 1, 2022 to September 30, 2022. 

Prior to this Bill, the existing law has already provided for a minimum of one hour per every 30 hours worked paid sick leave (subject to certain use, accrual, and yearly carryover limitations).  After the COVID-19 pandemic surge, California enacted several other additional paid sick leave laws with various validity periods and industry-specific limitations. 

This additional COVID-19 paid sick leave affects all private and public employers with 26 or more employees.  Here is a general summary of the Bill.

Covered employers:

• all employers in California with 26 or more employees (working in person or remotely) 

• full-time employees who worked or were scheduled to work at least 40 hours per week for the employer in the 2 preceding weeks
• part-time employees (the law provides a formula for determining the number of leave hours that must be provided to part-time workers)

• Up to 40 hours for full-time employees (on top of other mandatory paid sick leaves)
• Plus additional 40 hours if the covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19

• the employee is attending a COVID-19 vaccine or vaccine booster appointment for themselves or a family member
• the employee is experiencing symptoms related to a COVID-19 vaccine or vaccine booster
• the employee is caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster
• the employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19
• the employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis
• the has been advised by a health care provider to isolate or quarantine due to COVID-19

• the employer may 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.
• the employer may require the covered employee to provide documentation of a family member’s test result before paying the additional COVID-19 supplemental paid sick leave
• the employer may refuse to provide additional COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result
• the employer does not have to pay more than $511 per day and $5,110 in the aggregate

• employers must properly calculate the payment for the leave (but not more than $511 per day or $5,110 in the aggregate). 
• employers must not require an employee to use any other paid or unpaid leave or paid time off before or in lieu of this COVID-19 supplemental paid sick leave
• employers must keep records regarding the leave
• employers must post (or email to remote employees) the mandatory poster to inform all employees about their rights.