Back on February 9, 2022, California’s governor signed Senate Bill (SB) 114, creating a new Labor Code, Section 248.6. The law takes effect immediately and is retroactive to January 1, 2022. An employer is now obligated to provide 2022 COVID-19 supplemental California paid sick leave (CPSL), beginning February 19, 2022.
The new law is somewhat similar to what employers have already been complying with; however, there are some differences.
- New Labor Code section 248.6 will apply to employers with 26 or more employees and to a number of public entities.
- The 2022 law does not apply to employers with 25 or fewer employees.
- Section 248.6 covers all employees. Additionally, it allows employees to use leave to care for family members. “Family members” are defined to include:
- a child
Employees who are unable to work or telework can use the new CPSL for the following reasons, which are more numerous than the reasons in California CPSL in 2021. They include:
- Employee is subject to a quarantine or isolation period related to COVID-19 as defined by federal, state, or local orders or guidance.
- Employee is advised by a health care provider to self-quarantine or isolate due to concerns related to COVID-19.
- Employee or family member is attending an appointment to receive a COVID-19 vaccine or booster.
- Employee or family member is experiencing symptoms related to a COVID-19 vaccine or booster that prevent the employee from being able to work or telework.
- Employee is experiencing COVID-19 symptoms and seeking a medical diagnosis.
- Employee is caring for a family member who is subject to a quarantine or isolation order or guidance or who has been advised to self-quarantine or isolate by a health care provider.
- Employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
- Employee tests positive, or is caring for a family member who tests positive, for COVID-19.
Unlike the prior CPSL, there will be two separate “up to 40-hour” leave banks.
- Leave hours from one “up to 40-hour” bank will be available only if the employee tests positive for, or is caring for a family member who tests positive for, COVID-19.
- Leave hours from the second “up to 40-hour” bank will be available only for other covered reasons (quarantine or isolation, vaccine appointments or recovery, experiencing COVID symptoms and seeking medical diagnosis, closure of school or place of care for reasons related to COVID-19 on the premises).
Unlike the 2021 law where employers only had to display CPSL “available,” employers only must report 2022 CPSL hours an employee “used” (reporting “zero hours” until an employee uses CPSL).
The requirement to provide CPSL remains in effect through September 30, 2022.
For more information, please contact Misty.Baker@benefitmall.com or David.Mordo@benefitmall.com