On September 29, 2022, California’s governor signed Assembly Bill (AB) 152, which immediately extends the obligation of employers with 26 or more employees to provide COVID-19 supplemental paid sick leave (“CA 2022 SPSL”) through December 31, 2022, amends standards for when employees use CA 2022 SPSL because they test positive for COVID-19, and creates the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program.
CA 2022 SPSL Extension: Originally, California Labor Code sections 248.6 and 248.7 required covered employers to provide CA 2022 SPSL through September 30, 2022. Of importance, the new three-month extension does not require a new bank of leave. Instead, the potentially up to 80 hours of CA 2022 SPSL that employees could have used between January 1, 2022 and the original expiration date must continue to be available through the remainder of 2022 (and possibly slightly beyond 2022 if an employee begins a covered absence at the end of 2022 that continues, uninterrupted, into 2023). Accordingly, if employees have used all their available CA 2022 SPSL hours before October 1, 2022, and experience another qualifying absence sometime between October and year-end, they will need to use another pay or wage replacement benefit (e.g., non-COVID paid sick leave, vacation, California Disability Insurance) to receive payment and/or other leave laws (or leave-related provisions) for job protections to attach to the absence (e.g., Healthy...
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