California Enacts COVID-19 Supplemental Paid Sick Leave Law
By: Kiki Council
On March 19, 2021, California Governor Gavin Newsom signed SB 95 into law, which provides for up to 80 hours of supplemental paid sick leave for reasons related to COVID-19.FN1 Like many states, California had previously enacted a bill, AB 1867, that provided supplemental paid sick leave to employees of private employers with 500 or more US employees.FN2 That bill, like the Families First Coronavirus Response Act (“FCCRA”), expired on December 31, 2020. The new law, SB 95, which is in effect until September 30, 2021, is more expansive than FCCRA and AB 1867 in a few material ways:
All private employers who employ more than 25 employees are covered by the new bill, and must provide supplemental paid sick leave for certain COVID-19 related reasons, including:
o Being subject to quarantine;
o Attending an appointment to receive a COVID-19 vaccination;
o Experiencing symptoms related to a COVID-19 vaccination;
o Experiencing symptoms related to COVID-19 and seeking a medical diagnosis;
o Caring for a family member who is subject to quarantine;
o Caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19.FN3
Importantly, SB 95 covers not only employees who must physically come to work, but also those who are currently teleworking.FN4 Notably, SB 95 is retroactive to January 1, 2021, meaning that employers must compensate their employees, upon written or oral request, for any supplemental paid sick leave taken between January 1, 2021 and March 29, 2021, when the bill went into effect.FN5
If you would like assistance implementing or updating any COVID-19 policies or practices for your workplace, please contact Campbell Litigation, P.C.
FN1 - 2021 COVID-19 Supplemental Paid Sick Leave, Effective March 29, 2021, https://www.dir.ca.gov/dlse/2021-COVID-19-Supplemental-Paid-Sick-Leave.pdf
FN2 - Alert: California Enacts COVID-19 Supplemental Paid Sick Leave Law Retroactive to January 1, 2021, https://www.jdsupra.com/legalnews/alert-california-enacts-covid-19-2171041/
FN3 - Supra, note 1.
FN4 - Supra, note 2.
FN5 - Id.