California COVID supplemental sick leave is back. After Governor Newsom and the State Legislature came to an agreement earlier this year for what the 2022 version of supplemental sick leave would look like, mirror bills (AB 84 and SB 114) in the State Assembly and Senate worked their way through the Legislature, and the law was signed by the Governor on February 9. The law will go into effect on February 19, 2022.
Similar to last year’s COVID supplemental sick leave, the law is retroactive to January 1, meaning an employee who took time off work for an eligible reason before February 19 will be able to request supplemental sick leave pay for that time. Supplemental sick leave will last through September 30, 2022.
There are key similarities and important differences between the 2021 law and the 2022 law.
A primary difference is that 2022 supplemental sick leave is made up of two categories of leave. The first category is 40 hours of leave for any COVID qualifying reason. This category is identical to the whole of the leave provided under the 2021 law. COVID qualifying reasons include: the employee is subject to quarantine or isolation, the employee is advised by a health care provider to isolate or quarantine, the employee or a family member has an appointment for or symptoms from a COVID vaccine or booster, the employee is experiencing symptoms of COVID, the employee is caring for a family member subject to quarantine or isolation, or the employee’s child’s school or...
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