On February 9, 2022, California reinstated COVID-19 Supplemental Paid Sick Leave, which took effect on February 19, 2022, but will apply retroactively from January 1, 2022 through September 30, 2022. SB 114, the 2022 COVID-19 Supplemental Paid Sick Leave (2022 CSPSL) law, codified as California Labor Code section 248.6, provides up to 80 hours of supplemental sick leave to certain employees who are unable to work due to COVID-19-related reasons. The 2022 CSPSL contains significantly different requirements than the 2021 COVID-19 Supplemental Paid Sick Leave (2021 CSPSL) law which expired on September 30, 2021. The California Department of Industrial Relations has published FAQs to assist employers with compliance obligations. This alert will provide a description of significant provisions of the law but will not address provisions related to firefighters or providers of in-home supportive services.
Covered employers and employees
Employers: The 2022 CSPSL applies to all employers, public or private, with 26 or more employees, including those with collective bargaining agreements.
Employees: Covered employees are defined as an employee who is unable to work or telework for an employer due to a covered reason. Part-time and full-time employees are covered, but the law does not apply to independent contractors.
Requests for leave
An employer’s obligation to make 2022 CSPSL leave available to an employee occurs only upon an oral or written request given by the employee to the...
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