On February 9, 2022, the Legislature passed SB 114 providing for a new round of COVID-19 supplemental paid sick leave. The bill adds new section 248.6 to the California Labor Code. It was passed as an appropriations related to the Budget Bill and, therefore, takes effect immediately. Its provisions are retroactive to January 1, 2022 and it sunsets by its own terms on September 30, 2022. Other specifics regarding this new round of paid leave are as follows:

The new supplemental paid sick leave applies to employers with more than 25 employees. Covered employees are those who are unable to work or telework because of one of the qualifying reasons listed in the new code section.

Qualifying reasons for supplemental paid sick leave are as follows:

  1. The covered employee is subject to a quarantine or isolation period as defined by the State Department of Public Health (CDPH), the federal Centers for Disease Control and Prevention (CDC), or a local public health officer.
  2. The covered employee has been advised by a health care provider to isolate or quarantine.
  3. The covered employee is attending an appointment for themselves or a family member to receive a vaccine or booster.
  4.  The covered employee is experiencing symptoms related to the receipt of a vaccine or booster or is caring for a family member experiencing such symptoms. (Leave under 3 or 4 is limited to three days or 24 hours unless the employee provides verification from a health care provider that the symptoms persist beyond that time.)
  5. The covered employee is experiencing COVID symptoms and is seeking a diagnosis from a health care provider.
  6. The covered employee is caring for a family member who is subject to a quarantine or isolation period.
  7. The covered employee is caring for a minor child, whose school or place of care is closed due to COVID-19.

Full-time employees are entitled to 40 hours of supplemental paid sick leave. Part-time employees' entitlement is pro-rated based on the number of hours the employee normally works or, in the case of an employee with variable hours, the average number of hours the covered employee worked in a workday during the six-month period preceding the leave request.

In addition to the initial 40 hours of supplemental paid sick leave, a covered employee is entitled to receive an additional 40 hours of supplemental paid sick leave if the covered employee or a family member tests positive for COVID-19. To receive this second 40-hour block of leave, however, the employee must provide proof of their or their family member's positive test. If the employee refuses to provide such documentation, the employer has no obligation to provide the additional 40 hours of leave.

Supplemental paid sick leave is paid at the employee's regular rate, subject to a daily cap of $511 and a total cap of $5,110.

Employers may not require employees to use any other paid leave benefit (e.g., paid sick leave, vacation, or PTO) before using COVID-19 supplemental paid sick leave. If, however, an employer-provided a paid leave benefit to an employee who took leave for one of the reasons that would qualify for COVID-19 supplemental paid sick leave from January 1, 2022 to the date of the bill's enactment, and that paid benefit was equal to or greater than the benefit the employee would have received from COVID-19 supplemental paid leave, the employer may count the number of hours of leave that were paid against the employer's obligation to provide COVID-19 supplemental paid sick leave. 

Employers must provide employees with written notice of the amount of COVID-19 supplemental paid sick leave used by the employee. This notice must be separate from any written notice the employer provides showing the total amount of non-COVID related sick leave utilized by the employee. This notice must be provided on the designated payday for the employee.

Finally, the bill empowers the Labor Commissioner to enforce the requirements related to this new COVID-19 supplemental paid sick leave.

In many respects, this new round of COVID-19 supplemental paid sick leave mirrors the previous paid leave benefits that expired on September 30, 2021 and, therefore, most employers will already have experience with it. There are some new requirements and entitlements in this round of COVID-19 supplemental paid sick leave, however. Employers should review their practices regarding granting and paying for qualifying leave to ensure compliance with this new law.

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.