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Economic Development Collaborative (EDC) — 2022 COVID-19 Supplement Paid Leave

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2022 COVID-19 SUPPLEMENTAL PAID SICK LEAVE
2022 COVID-19 Supplemental Paid Sick Leave (SPSL) took effect on February 19, 2022. This SPSL is only applicable to employers, public or private, with 26 or more employees. Smaller employers will not be covered but may be covered by local supplemental paid sick leave ordinances.
Hours of Supplemental Paid Sick Leave
Covered employees are entitled to up to 80 hours of SPSL from January 1, 2022 through September 30, 2022, immediately upon an oral or written request to their employer.
SPSL entitles covered employees up to 40 hours of SPSL for:
  • Caring for Yourself: The covered employee is subject to a quarantine or isolation period related to COVID-19 (see note below), or has been advised by a healthcare provider to quarantine due to COVID-19, or is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  • Caring for a Family Member: The covered employee is caring for a family member who is either subject to a quarantine or isolation period related to COVID-19 (see note below) or has been advised by a healthcare provider to quarantine due to COVID-19 or the employee is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
  • Vaccine-Related: The covered employee or a qualifying family member is attending a vaccine appointment or cannot work or telework due to vaccine-related side effects.
SPSL entitles covered employees up to 40 additional hours of SPSL: (same amount of leave the employee qualified for under the first category) if the employee tests positive, or a family member for whom the employee is providing care tests positive for COVID-19. SPSL authorizes the employer to require proof of a positive test in such situations.
PLEASE NOTE:
  • The quarantine or isolation period related to COVID-19 is the period defined by an order or guidance of the California Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer with jurisdiction over the workplace.
  • SPSL provides a specific method for calculating the amount of eligible leave for employees who work part time or have variable schedules. This methodology tracks the process that was utilized under the previous COVID-19 Supplemental Paid Sick Leave. For additional information CLICK HERE.
Resources
Employers are required to post a notice about SPSL similar to the notice employers post regarding regular paid sick leave under Labor Code Section 247.
  • CLICK HERE for SPSL’s poster that can be used to be posted in the workplace.
  • CLICK HERE for SPSL’s frequently asked questions.
  • CLICK HERE for EDC’s COVID-19 Business Resources.
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This document is intended to be used as a starting point to help business owners understand COVID-19 Supplement Paid Leave requirements. It is not comprehensive. While everything this article is intended to be accurate it is not intended legal advice and should not be relied on as such. To obtain legal advice please contact a licensed California attorney. The EDC does not endorse a particular law firm or practice.