In our Compliance series we share tips and advice to help employers say in compliance with ever changing employment regulations.
California’s Supplemental Paid Sick Leave (SPSL) has been extended through December 31, 2022. The law (AB 152) requires employers with 26 or more employees to provide up to 80 hours of COVID-19 related paid sick leave.
New grant program
The new law also establishes a grant program to assist qualifying small businesses and nonprofits with the costs of providing SPSL during the 2022 calendar year. Grants are capped at $50,000.
Who is entitled to paid sick leave?
AB 152 does not change the qualifying reasons for SPSL. Employers are required to provide employees COVID-19 supplemental paid sick leave if the employee is unable to work or telework due to the following reasons:
1. The employee is subject to a quarantine or isolation period related to COVID-19.
2. The employee has been advised by a health care provider to isolate or quarantine due to COVID-19.
3. The employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19.
4. The employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework.
5. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
6. The employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
7. The employee is caring for a child whose school or place of case is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
8. If the employee, or a family member for whom the employee is providing care, tests positive for COVID-19.
How much paid leave is required?
AB 152 does not change the amount that employees are entitled to receive in SPSL. The employee is eligible for potentially up to 80 hours of leave available under two different banks:
· Bank #1: Employees are entitled up to 40 hours of COVID-19 supplemental paid sick leave for full time employees based on reasons 1 through 7 above.
· Bank #2: Employees are entitled up to 40 hours of paid leave for reason number 8 listed above (if they or a family member test positive).
Caps on Payments
The prior law placed a total cap on SPLS at 80 hours for the period between January 1, 2022 to September 30, 2022. This cap is still in place, even though employers must continue to provide SPSL until December 31, 2022. Therefore, if an employee has already used all of their eligible SPSL, the new law does not require employers to provide any additional leave.
Actions Employers Must Take
· Provide updated labor posters – available here
The Labor Commissioner has updated the posters employers are required to post in the workplace. The updated posters are available here:
The poster is required to be displayed in a place at the worksite where employees can easily read it. If an employer’s covered employees work remotely, the employer may distribute the notice electronically.
· Ensure pay stub notices are accurate
Employees must be notified of the amount of COVID-19 SPSL they have used.
This can be provided on the employee’s pay stub or on another writing provided to the employee on the designated pay day. The employer must list “zero hours used” if an employee has not used any COVID-19 supplemental paid sick leave. This requirement will continue until December 31, 2022.
This article is part of our Compliance series; tips and advice to help employers say in compliance with ever changing employment regulations.
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