On February 9, 2022, Governor Newsom signed Senate Bill No. 114, California’s 2022 COVID-19 supplemental paid sick leave law. Under the new law, employers with 26 or more employees are obligated to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons (“2022 SPSL”). Although an employer’s obligation to provide 2022 SPSL does not begin until February 19, 2022 (ten days after the bill was signed), benefits available to employees are retroactive to January 1, 2022. The law is set to expire on September 30, 2022, as discussed in more detail below.
The 2022 SPSL law is similar to last year’s COVID-19 supplemental paid sick leave law, which expired on September 30, 2021 (Senate Bill 95, discussed here), with some significant differences. As a result, employers will not be able to simply reinstate policies that they had in place to comply with their 2021 COVID-19 supplemental paid sick leave obligations. One significant, unwelcomed difference is that employers’ obligations to provide paid sick leave under the 2022 law are in addition to their obligations under Cal-OSHA COVID-19 Emergency Temporary Standards (“ETS”) to pay employees who are excluded from the workplace due to COVID-19 exposure.
Below is additional information on the provisions of the 2022 SPSL law that apply to employers generally. This article does not discuss provisions of the 2022 SPSL law that are applicable to firefighters or providers of in-home supportive and/or...
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