As Businesses Re-Open In California, COVID-19 Supplemental Paid Sick Leave Continues

Jackson Lewis P.C.
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While the past week brought many changes around California for COVID-19 requirements, both the state statute and several local supplemental paid sick leave ordinances persist.

The statewide COVID-19 Supplemental Paid Sick Leave (“SPSL”) law remains in effect until September 30, 2021.

As a reminder, under the state SPSL, employees are entitled to leave for the following reasons:

  • The employee is subject to a quarantine or isolation period related to COVID-19;
  • The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  • The employee is attending an appointment to receive a vaccine for protection against COVID-19;
  • The employee is experiencing symptoms related to a COVID-19 vaccine that prevents the employee from being able to work or telework;
  • The employee is experiencing symptoms related to COVID-19 and seeking medical diagnosis;
  • The employee is caring for a family member who is subject to a quarantine or isolation order or has been advised to self-quarantine;
  • The 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.

Similarly, many local ordinances also remain in effect, and so employers should be aware of the local ordinances applicable to their business. There may be overlap under the local ordinances with the statewide obligations.

Locality Expires
Long Beach (City) Based upon City Council determination.
Los Angeles (City) Until 2 calendar weeks after the expiration of the COVID-19 local emergency period.

Los Angeles

(County – unincorporated areas only)

Shall be in effect until two calendar weeks after the expiration of the COVID-19 local emergency, as ratified and declared by the Board of Supervisors.

Marin

(County – unincorporated areas only)

September 30, 2021
Oakland (City) Shall expire after the expiration of Oakland’s Declaration of COVID-19 Emergency.
Sacramento (City) June 30, 2021
San Jose (City) June 30, 2021
Sacramento (City) September 30, 2021
Santa Rosa (City) September 30, 2021

Sonoma

(County -unincorporated areas only)

September 30, 2021

Marin and Sonoma County are the most recent localities to issue or expand their supplemental paid sick leave ordinances. Marin applies to employers with 25 or fewer employees. However, the reasons for which paid leave may be taken, and the amount of supplemental paid sick leave provided, mirror the statewide law. Sonoma County similarly extended the expiration date of its supplemental paid sick leave ordinance, but also provided a new bank of time retroactive to January 1, 2021.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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