On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While similar to California’s 2021 COVID-19 Supplemental Paid Sick Leave law, there are some distinct differences about which employers should take note:

1. SB 114 Covers Employees and Their Family Members

The 2022 law has been expanded to allow employees to use supplemental paid sick leave to care for family members impacted by COVID-19. “Family members” include children, parents, spouses, registered domestic partners, grandparents, grandchildren, and siblings.

2. SB 114 Establishes Two 40-Hour Supplemental Paid Sick Leave “Banks”

Like its 2021 counterpart, the 2022 law provides up to 80 hours of supplemental paid sick leave for employees. However, the new law differs in the way it allocates those hours. It establishes two separate 40-hour “banks” of leave allotment, each with different requirements and to be used for different purposes:

Bank #1 – Up to 40 hours for COVID-Related Reasons

Under SB 114, an employee can use up to 40 hours of supplemental paid sick leave if they are unable to work or telework for the following reasons:

• They are subject to a quarantine or isolation period due to COVID-19, as defined by federal, state, or local...

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