California recently passed new legislation that will require employers to provide their California employees with up to 80 hours of supplemental paid sick leave for various COVID-19-related reasons. Sound familiar? There are some similarities between the new law and the 2020 COVID-19 supplemental paid sick law, but the differences are significant for many employers. We’ve put together key takeaways for you to consider before the law becomes effective on Monday, March 29, 2021.
Employers with 26 or more employees and certain public entities are covered under the new COVID-19 supplemental paid sick leave (SPSL) law. As with the 2020 version of the law, all employees are covered, but now employees will be entitled to use their leave to care for family members. A “family member” for purposes of SPSL is defined as a child, parent, spouse, grandparent, grandchild, or sibling.
Full-time employees are entitled to 80 hours of SPSL. Less than full-time employees are entitled to the total number of hours they are normally scheduled to work over two weeks with caveats for those employees with variable schedules. An employee’s SPSL entitlement is in addition to any other employer-provided paid leave. However, employers may be able to offset paid leave an employee used for a covered reason between January 1, 2021, and March 29, 2021.
Covered employees who are unable to work or telework may use SPSL for the following reasons:
SPSL is retroactive to January 1, 2021, and is set to expire on September 30, 2021.
Employers must conspicuously display and/or electronically distribute . Employers should also ensure SPSL leave amounts are displayed separately on employee earnings statements.