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ALERT: California Likely to Reactivate COVID-19 Supplemental Paid Sick Leave

February 2, 2022

In March 2021, we reported that Senate Bill 95 had been signed by Governor Newsom reviving and expanding California’s COVID-19 Supplemental Paid Sick Leave (“COVID PSL”).  (COVID PSL, when initially only applicable to employers with 500+ employees, was referred to as “CA-SPSL” and, then, “New CA-SPSL” when made applicable to employers with 25+ employees, in our prior publications.)

With the advent of SB 95, employers with 25 or more employees were required to provide up to 80 hours of paid leave for any of three (3) alternative COVID related reasons:  (1) when an employee was subject to an isolation or quarantine order, (2) when a healthcare provider recommended that the employee isolate or quarantine, or (3) when the company prevented an employee from working due to Covid-19 transmission related concerns.  SB 95, codified in Labor Code section 248.2 and Labor Code section 248.3[1], expired at the end of September 2021.

Recently, Governor Newsom announced that discussions had begun to reactivate COVID PSL retroactive to the period from January 1, 2022 to September 30, 2022.  COVID PSL would again apply to employers with 25+ employees.  The framework for the reactivated COVID PSL is still being negotiated, but included in those discussions is a provision for full-time employees to receive 40 hours of COVID PSL and an additional 40 hours of COVID PSL upon showing proof of a positive test result.

It is expected that the financial aspects of COVID PSL will be the same – $511 per day, or $5,110 total.  Additionally, it does not appear that COVID PSL will include any offsetting tax credits for the employer.

We will continue to monitor the status of the reactivation of COVID PSL.  In the meantime, if you have questions about this, or any other employment related matter, please contact Tonya D. Hubinger.

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2033 N Main Street
Suite 720
Walnut Creek, CA 94596
P 925.944.9700   F 925.944.9701