California Passes New Supplemental Paid Sick Leave

California Passes New Supplemental Paid Sick Leave

Beginning on February 19, 2022, certain California employers will have to offer additional leave under the state’s new Supplemental Paid Sick Leave law. Thousands of workers across the state will fall under this new legislation which provides them with additional paid sick time off from work in certain situations. If an employer denies this sick leave or attempts to make it unpaid, you may have a claim for damages. To learn more about your legal options as an employee in California, talk to an experienced employment law attorney in your area today.

New Supplemental Paid Sick Leave Law

The new law, known as Senate Bill 114 and will be codified as Section 248.6, provides supplemental paid sick leave to employees who are covered and cannot work or telework because of COVID-19. This law applies to all employers who have 25 or more employees in California and differs in certain respects to the supplemental sick leave law passed by the state in 2021.

The first major change is that the new 2022 supplemental paid sick leave law expands the use of leave to allow workers to care for family members that have been impacted by COVID-19. Under the new law, family members include children, parents, spouses, domestic partners, grandparents, grandchildren, and siblings.

The second major change is in the allocation of supplemental paid sick leave hours. The 2022 law separates the hours into two separate banks, each with its own set of requirements. The first bank of 40 hours must be used for COVID-19 reasons if an employee cannot work or telework for the following reasons:

• If they are subject to isolation or quarantine,
• If they have been advised by a healthcare professional to isolate or self-quarantine,
• If they are experiencing COVID-19 symptoms,
• If they are caring for a family member that is subject to or has been advised to isolate or quarantine, or
• If they are caring for a child whose school or place of care is closed for reasons related to COVID-19.

This bank may also be used to attend an appointment to receive a COVID-19 vaccine or booster or to care for themselves or a family member that is feeling symptoms related to the COVID-19 vaccine or booster.

The second bank of forty hours is reserved for employees who test positive for COVID-19 or are caring for a family member that has tested positive for COVID-19. Employees do not have to exhaust their hours from the first bank to qualify for hours from the second bank. Importantly, an employer is allowed to ask for proof of a positive test in order to qualify for these hours of supplemental paid sick leave. To learn more, talk to an attorney in your area today.

Call or Contact a Lawyer

Do you have more questions about the new supplemental paid sick leave law for California workers? If so, a dedicated and skilled California employment law attorney may be able to help. Call or contact one in your area today to learn more.