CalOSHA has published a FAQ document on the recently passed COVID-19 Supplemental Paid Sick Leave law (SB 95), which became effective on March 29, 2021.
The document addresses eligibility, covered leave, effective dates, how employees may request leave, how employers shall calculate leave, retroactive payments, record keeping and paystub disclosure requirements, enforcement, and relation to other leave laws.
All employers, public or private, with more than 25 employees are covered, including those with collective bargaining agreements, are covered under the new law.
The covered employee must be unable to work or telework due to any one of the following reasons:
- Caring for Yourself: The covered employee is subject to a quarantine or isolation period related to COVID-19 (see note below), or has been advised by a healthcare provider to quarantine due to COVID-19, or is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- Caring for a Family Member: The covered employee is caring for a family member who is either subject to a quarantine or isolation period related to COVID-19 (see note below) or has been advised by a healthcare provider to quarantine due to COVID-19, or the employee is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
- Vaccine-Related: The covered employee is attending a vaccine appointment or cannot work or telework due to vaccine-related symptoms.
The obligation to provide COVID-19 Supplemental Paid Sick Leave is in addition to regular paid sick leave. Employers must list an employee’s 2021 COVID-19 Supplemental Paid Sick Leave separately from regular Paid Sick Leave on the itemized paystub or separate writing at the time wages are paid.
If the covered employee took leave between January 1, 2021 and March 28, 2021, for one of the qualifying reasons under this new law, but was not paid for this leave in the amount required under this law, then the covered employee has the right to ask the employer for a “retroactive” payment equal to the amount required. This “retroactive” payment is only required if the covered employee makes an oral or written request to be paid for leave that qualifies. The employer will have until the payday for the next full pay period to pay the “retroactive” leave and may count the time against an employee’s bank of 80 hours.
Click here to read the full 2021 COVID-19 Supplemental Paid Sick Leave FAQs.