On February 9, 2022, California Governor Gavin Newsom signed into law Senate Bill 114, which reestablishes the state’s COVID-19 supplemental paid sick leave requirements. Employers will not be able to simply dust off their 2021 policies and reimplement them, however, because the 2022 law contains some important changes from prior laws.
In September 2020, California signed into law the original statewide requirement for private employers with 500 or more employees to provide COVID-19 supplemental paid sick leave. After California’s original supplemental paid sick leave law expired, the state passed Senate Bill 95, a new COVID-19 paid sick leave requirement applying to private employers with 25 or more employees (previously covered in this post).
SB 95 expired on September 30, 2021, leaving only a patchwork of local supplemental paid sick leave laws in Los Angeles, Long Beach, and Oakland. This left California without a statewide COVID-19 supplemental paid sick leave requirement until now.
SB 114, the new 2022 COVID Supplemental Sick Pay Law, applies retroactively to January 1, 2022 and is to remain in effect until September 30, 2022.
SB 114 adds sections 248.6 and 248.7 to the California Labor Code (available here), and applies to employers with 26 or more employees. It requires that covered employers provide their employees with up to 80 hours of COVID-19 supplemental paid sick leave upon the oral or written request of the employee if certain specified criteria are met....
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