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Additional COVID-19 Paid Sick Leave Mandated

Employee use of the supplemental paid sick leave is retroactive to January 1, 2021

Modern mom balances between work and child home schooling on sick leave or quarantine.

A full-time employee who works for a company with more than 25 employees is now entitled to 80 additional hours of COVID-19 supplemental paid sick leave, according a new law that takes effect on Monday, March 29.

According to Senate Bill 95, which Gov. Newsom signed on March 19:

  • The COVID-19 supplemental paid sick leave is in addition to regular paid sick leave.
  • This law takes effect on Monday, March 29, 2021.
  • Employee use of the COVID-19 supplemental paid sick leave is retroactive to January 1, 2021.
  • Small businesses employing 25 or fewer workers are exempt from the legislation.

“Paid sick leave gives workers the time they need to care for themselves and loved ones while keeping their coworkers, families and communities safe.”

– Gov. Newsom

Who Qualifies?

Which covered employee qualifies for COVID-19 supplemental paid sick leave? Those who:

  • Have been advised by a health care provider to self-quarantine because of COVID-19–related concerns.
  • Are “attending an appointment to receive” a COVID-19 vaccine.
  • Are “experiencing symptoms related to a COVID-19 vaccine that prevents the employee from being able to work or telework.”
  • Are experiencing COVID-19 symptoms and seeking a medical diagnosis.
  • Are caring for a qualified spouse, registered domestic partner, parent (including parents-in-law), child (regardless of age or dependency), grandparent, grandchild or sibling.
  • Are “caring for a child … whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.”

Got Questions?

CLCA members can get free expert advice from the association’s HR Hotline, powered by the California Employers Association.

Resources

Text of Senate Bill 95
Statement from Gov. Newsom
California Department of Industrial Relations flier to be posted (PDF)
Alert from the California Employers Association, the voice of CLCA’s s HR Hotline
Alert from the lawyers at The Grady Firm, P.C.
CLCA HR Hotline

CLCA Recommends

  • Post this California Department of Industrial Relations flier (PDF) in a conspicuous place in the workplace. Email the PDF to covered employees who do not frequent a workplace.
  • Create or reinstate a separate COVID-19 supplemental paid sick leave designation on wage statements.
  • Consult with your accountant to ascertain if your company’s supplemental paid sick leave qualifies for a federal tax credit.
  • Do not risk a penalty for unpaid wages by retaliating or discriminating against a covered employee requesting or using COVID-19 supplemental paid sick leave.
  • Stay up to date on CLCA’s response to the pandemic at clca.org/covid.