On February 9, Governor Newsom signed SB 114, reviving the mandate that California employers provide supplemental paid sick leave (SPSL) for COVID-19-related absences, which previously expired on September 30, 2021. This “new and improved” 2022 COVID-19 Supplemental Paid Sick Leave (2022 SPSL) differs from its 2021 predecessor by:
Providing additional qualifying reasons for leave (including to accompany family members to vaccine appointments and care for family members recovering from vaccine-related symptoms);
Creating two separate 40-hour leave banks (one of which is specifically designated for when an employee or their family member tests positive for COVID-19);
Allowing employers the option to require employees who test positive for COVID-19 to submit to COVID-19 testing;
Permitting employees to request retroactive credit for paid time off used for a qualifying SPSL reason and instead debit their SPSL amounts; and,
Prohibiting employers from requiring employees to exhaust SPSL prior to paying exclusion pay benefits under the Cal/OSHA COVID-19 Emergency Temporary Standards.
SB 114 went into effect on February 19, and applies retroactively to January 1, meaning employers may designate COVID-19-related leave already taken this year as 2022 SPSL. The law remains effective through September 30.
Who Is Covered?
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