California could soon extend its COVID-19 supplemental paid sick leave (SPSL) through the end of 2022 and provide relief to small businesses incurring the costs of such leave if Governor Gavin Newsom signs a bill sent to his desk on August 31, 2022. Assembly Bill (AB) 152 would extend California’s COVID-19 SPSL to December 31, 2022. The current California SPSL law, passed in February 2022, is set to expire on September 30, 2022.
The current law, which created California Labor Code Section 248.6, provides 40 hours of COVID-19 SPSL for full-time employees. Employees who are not employed full-time but scheduled to work regularly are entitled to the number of hours that an employee regularly works in one week. Full-time employees may further receive an additional 40 hours of SPSL if they themselves test positive for COVID-19 and cannot work remotely.
Section 248.6 currently allows an employer to require that an employee who has received additional SPSL to submit to a second diagnostic test on or after the fifth day after the positive test that allowed the leave. However, AB 152 would amend the law to allow an employer in cases where the second test is positive, to require a third test within 24 hours. Employers would further be allowed to deny additional COVID-19 SPSL to an employee who refuses to submit to the tests.
The bill would require the employer to provide the additional tests at no cost to the employee. Additionally, employers are not required to...
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