Effective February 19, 2022, California employers must once again provide supplemental paid sick leave to employees for a host of reasons related to the COVID-19 virus. The new law will replace the State's  previous Covid-related leave measures which expired on September 30, 2021. The law applies retroactively to January 1st and runs through September 30, 2022.

While the total amount of supplemental leave remains unchanged, its parameters differ materially from its 2021 predecessor. Employers must once again offer up to 80 hours of supplemental paid time off for eligible purposes. However, the time off is divided into two distinct 40-hour banks, as follows:

Up to 40 Hours for Covid-19-Related Reasons

  • The employee is subject to quarantine or isolation due to COVID-19;
  • The employee has been advised by a health care provider to isolate or self-quarantine;
  • The employee is experiencing COVID-19 symptoms and seeking a medical diagnosis;
  • The employee is caring for a family member who is subject to a quarantine or isolation order, or who has been advised by a healthcare provider to isolate or self-quarantine due to COVID-19;
  • The employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19;
  • The employee is attending an appointment for themselves or a family member to receive a COVID-19 vaccine or booster;
  • The employee is experiencing symptoms, or is caring for a family member experiencing symptoms, related to a COVID-19 vaccine or booster, which prevent the employee from working or teleworking. For each vaccination or booster, an employer may limit the use of supplemental leave to 3 days/24 hours unless presented with verification from the employee's healthcare provider that the employee is continuing to experience symptoms.

Up to 40 Hours for Positive Covid-19 Tests

An employee may qualify for up to 40 hours of supplemental leave if they test positive or are caring for a family member who tests positive for COVID-19. This leave is independent from the 40 hours of supplemental leave described above. An employee need not exhaust the first bank of leave before using leave related to a positive COVID-19 test, and may be entitled to leave related to a positive test even when they do not have symptoms or otherwise qualify for leave under the first bank. Employers may require employees to provide proof of the positive test in order to be granted paid leave under this policy.

Additional Considerations

For part-time employees with regular weekly schedules, the amount of supplemental paid sick leave for each bank may be limited to the total number of hours worked by such employee each week.  For part-time employees with variable schedules, the supplemental leave for each bank may be limited to seven times the average number of hours worked by such employee each day over the preceding six-month period.

Employers may not require employees to exhaust other available leave (including regular paid sick leave) prior to or concurrent with the use of COVID-19 supplemental paid sick leave. Moreover, as is required with respect to California's regular paid sick leave, employers must provide written notice each pay period detailing the amount of COVID-19 supplemental paid sick leave that an employee has used to date. This information must be detailed separately from the employee's regular sick leave.

Further administrative guidance and FAQs are forthcoming. In the interim, California employers should review their existing COVID-19 leave policies for compliance with the new law and prepare for the anticipated uptick in requests for leave.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.