In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave, testing requirements, workers’ compensation, and notification requirements for positive cases.
Supplemental Paid Sick Leave
Supplemental paid sick leave for COVID-19 was set to expire on September 30, 2022, but has now been extended through December 31, 2022. Notably, however, AB 152 does not allot additional time for employees who have used all their COVID-19-related leave.
Testing and Supplemental Paid Sick Leave
For leave related to a positive COVID-19 test, employers were already permitted to request documentation of an initial positive test and a second test five days after the initial positive test. The second test must be provided at no cost to the employee. AB 152 now allows employers to request a third test at no cost to the employee within 24 hours of the positive second test. Employers may deny supplemental paid sick leave to employees who refuse to submit proof of the results of a requested COVID-19 test.
Employers should continue to provide COVID-19 supplemental paid sick leave and update COVID-19 testing policies to reflect the above requirements. Starting on January 1, 2023, when employers will no longer be obligated to provide COVID-19 paid sick leave, employers will also not be required to provide employees with a second or third...
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