California employers must remember to comply with the nuances of the Cal/OSHA Emergency Temporary Standards (ETS), which became effective in November 2020, and are currently set to expire on January 14, 2022. While California’s COVID-19 Supplemental Paid Sick Leave expired in September 2021, Cal/OSHA ETS requirement to pay employees for “exclusion pay” still applies to employers. Here are five reminders about the requirements for California employers to pay exclusion pay under the ETS:
1. Employers must comply with the Cal/OSHA ETS until at least January 14, 2022.
Cal/OSHA is meeting on December 16, 2021 to discuss any potential changes to the ETS and whether to extend the ETS until April 14, 2022. Regardless of any action taken by Cal/OSHA, employers must still comply with the current ETS, including the requirement to provide exclusion pay to employees until at least January 14, 2022. Employers need to monitor the December 16th meeting to ensure compliance with any changes that are adopted (we will monitor and post updates, and will provide detailed information to subscribers to our blog).
2. Exclusion pay is required if the employee is excluded from work because of a workplace exposure to COVID-19.
An employee who is excluded from work because of a workplace COVID-19 exposure must receive exclusion pay if: 1) the employee was not assigned to telework during that time; and 2) the employee did not receive Disability Payments or Workers’ Compensation Temporary Disability...
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