California has passed a new supplemental paid sick leave law requiring employers with more than 25 employees to provide them with up to 40 hours of paid leave for specific COVID-19-related reasons, and 40 additional hours if an employee or their family member tests positive for COVID-19. The law takes effect Feb. 19, 2022, but it is retroactive to Jan. 1, 2022. California previously had a similar law in effect that expired on Sept. 30, 2021.
Compensation is limited to $511 per day and $5,110 total per worker. The new requirement expires Sept. 30, 2022.
Covered Employers and Employees
The new law applies to employers with more than 25 employees. Employees are covered if they are unable to work or telework for an employer because of:
- A quarantine or isolation order, guidance or advice pertaining to themselves or a family member;
- A COVID-19 vaccination appointment for themselves or a family member (including vaccine boosters);
- Their own or a family member’s vaccination recovery (limited to three days);
- Their own symptoms of COVID-19 while seeking a medical diagnosis; or
- Caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
Workers are also entitled to the leave if they or a family member they care for tests positive for COVID-19.
Amount of Supplemental Paid Sick Leave
Full-time employees receive 40 hours of the leave for reasons one through five above, plus 40 more hours for positive COVID-19 testing. Part-time and variable-hours employees receive an amount calculated according to their work schedule, as do firefighters. Supplemental paid sick leave must be provided in addition to any accrued paid sick time required under California law.