2021 COVID-19 Supplemental Paid Sick Leave
On March 19, 2021, Governor Newsom signed the Retroactive COVID Paid Sick Leave law. This piece of legislation, also known as AB 94 & SB 95, extends and expands employer requirements to provide supplemental paid sick leave to employees impacted by COVID-19.
As with most legislation, the amount of information to digest can be overwhelming. Following are some FAQs to help keep you informed. The 2021 COVID-19 Supplemental Paid Sick Leave has many components, and we encourage you to refer to the following link for a complete and thorough review: 2021 COVID-19 Supplemental Paid Sick Leave (ca.gov)
Which employers are covered?
All employers, public or private, with more than 25 employees, including those with collective bargaining agreements.
Which employees are covered?
- Employees who cannot work or telework because they are in quarantine due to COVID-19, or are experiencing symptoms and seeking a medical diagnosis.
- Employees who are caring for a family member who is either subject to COVID-19 quarantine, or who is caring for a child(ren) whose school or daycare is closed due to COVID-19.
Does the new law cover independent contractors?
No. An employer should confirm the person hasn’t been misclassified.
When can a covered employee take leave and be covered?
(Note: The employee must be unable to work, including remotely.)
- If the employee is quarantining or experiencing COVID-19 symptoms and waiting for a medical diagnosis, or if the employee is caring for a family member for the same reason, or if the employee is caring for a child whose school or daycare is closed due to COVID-19.
- If the employee is attending a vaccine appointment and/or cannot work due to related symptoms of being vaccinated.
Does a general stay-at-home order have jurisdiction over the workplace?
No. The order or guidelines must be specific to the covered employee’s circumstances. For example, if guidelines or an order from a local health officer directs individuals to quarantine who live with someone who has COVID-19, that would satisfy the eligibility requirement for taking 2021 COVID-19 Supplemental Paid Sick Leave.
What is the time period that the 2021 COVID-19 Supplemental Paid Sick Leave covers?
January 1 through September 30, 2021. Even though the law didn’t take effect until March 29, any covered employee who took qualifying leave between January 1 and March 28, 2021, can request payment for leave during that time, if the employer did not cover it.
When do employers start paying for COVID-19 Supplemental Paid Sick Leave?
Starting on March 29 when employers must begin providing 2021 COVID-19 Supplemental Paid Sick Leave, the requirement to provide this leave goes back to January 1, 2021. Covered employees who took qualifying leave between January 1 and March 28, 2021, can request payment for that leave if not already paid by the employer. For leave taken by a covered employee on or after March 29, 2021, the employer must provide payment no later than the payday for the next regular payroll period after the sick leave was taken.
When does an employer have to make the 2021 COVID-19 Supplemental Paid Sick Leave available to a covered employee?
Immediately upon the oral or written request of the covered employee to the employer.
Can an employer require certification from a healthcare provider before allowing a covered employee to take leave?
No. A covered employee is entitled to take 2021 COVID-19 Supplemental Paid Sick Leave immediately upon the employee’s oral or written request. The leave is not conditioned on medical certification.
How much paid sick leave is a full-time employee entitled to?
A full-time employee, or one who was scheduled to work an average of at least 40 hours per week in the two weeks before leave is taken, is entitled to 80 hours of paid leave.
Research suggests that paid sick leave can help stem the spread of illness by reducing the number of people who go to work sick, as well as reducing the number of sick children who are sent to school or daycare. Sick workers are more likely to stay home when they do not lose pay. Parents with paid sick leave benefits may be less likely to send sick children to school than parents without these benefits.
With the combination of offerings like the Supplemental Paid Sick Leave, increased vaccinations and maintaining the CDC’s safety precautions of social distancing, mask wearing and handwashing, we are hopefully on the road to returning to a more normal way of work and life.