Hey California, Did You Know About the 2022 COVID-19 Supplemental Paid Sick Leave Law?

On February 9, 2022, Governor Newsom signed into law the 2022 COVID-19 Supplemental Paid Sick Leave. The 2022 COVID-19 Supplemental Paid Sick Leave, however, is not a continuation of the previous statewide COVID-19 supplemental paid sick leave law that expired on September 30, 2022, and there are nuances of which everyone should be aware. The new law will go into effect on February 19, 2022, but is retroactive to January 1, 2022, and will apply to employers with 26 or more employees. The new law will provide up to 80 hours of COVID-19 paid sick leave. The California Labor Commissioner’s Office has provided a posting available in both English and Spanish. Log onto the Labor Commissioner’s website to download a copy: https://www.dir.ca.gov/wpnodb.html . Employers should post in a conspicuous location at the workplace and send it to remote employees.

The 2022 COVID-19 Supplemental Paid Sick Leave provides, in relevant part:

A full-time covered employee may take up to 40 hours of leave if the employee is unable to work or

telework for any of the following reasons:

• Vaccine-Related: The covered employee is attending a vaccine or booster appointment for themselves or a family member or cannot work or telework because they have vaccine—related symptoms or are caring for a family member with vaccine-related symptoms. An employer may limit an employee to 24 hours or 3 days of leave for each vaccination or booster appointment and any consequent side effects, unless a health care provider verifies that more recovery time is needed.

• Caring for Yourself: The employee is subject to quarantine or isolation period related to COVID19 as defined by an order or guidance of the California Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer with jurisdiction over the workplace; has been advised by a healthcare provider to quarantine; or is experiencing COVID-19 symptoms and seeking a medical diagnosis.

• Caring for a Family Member*: The covered employee is caring for a family member who is subject to a COVID-19 quarantine or isolation period or has been advised by a healthcare provider to quarantine due to COVID-19, or is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.

A full-time covered employee may take up to an additional 40 hours of leave if the employee is unable to work or telework for either of the following reasons:

• The covered employee tests positive for COVID-19

• The covered employee is caring for a family member* who tested positive for COVID-19.

* A family member includes a child, parent, spouse, registered domestic partner, grandparent,

grandchild, or sibling.

Part-Time covered Employees: Part-time covered employees may take as leave up to the amount of

hours they work over two weeks, with half of those hours available only when they or a family member test positive for COVID-19.

Payment: If an employee took leave for one of the reasons identified above between January 1, 2022 and February 19, 2022, and that leave was either unpaid or compensated at a rate less than the employee’s regular rate of pay, the employee may also request a retroactive payment. Payment is at the employee’s regular or usual rate of pay, not to exceed $511 per day and $5,110 in total.

(Source: https://www.dir.ca.gov/dlse/COVID19resources/2022-COVID-19-SPSL-Poster.pdf.)