For a more general description of the new law, please see our previous alert.
On the eve of enforcement, California’s Department of Industrial Relations (“DIR”) released FAQs and the required poster for the state’s 2022 COVID-19 Supplemental Paid Sick Leave (“SPSL”). As a reminder, the new law will take effect on Saturday, February 19, 2022, with retroactive application back to January 1, 2022. Barring extensions, the law will remain in effect until September 30, 2022. Employers should note the following updates and highlights from the newly released guidance.
Effective Date
The DIR’s guidance at FAQ 11 definitively states that the February 19, 2022 effective date is when employers are required to provide leave. In other words, there is no further grace period beyond the ten days between enactment and enforcement that is now expiring. Employers should be prepared to provide the notice linked above and to properly manage leave requests despite the weekend enforcement date and the upcoming federal holiday. This timing circumstance similarly applies to retroactive payments, which employers may have to process on an abbreviated timeline given the law’s requirement that employers pay benefits by the payday of the next regular payroll period.
Notice
Employers must display the updated required poster in a conspicuous location at the worksite and provide electronic copies to employees who do not frequent a physical workplace.
Covered Employees
The law covers employees who cannot...
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