California revives COVID-19 supplemental paid sick leave requirements

California Governor Gavin Newsom, along with Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon, have announced a framework for an agreement to reinstate California’s COVID-19 supplemental paid sick leave.

The anticipated requirement is similar to that Governor Newsom signed into law in March 2021, instituting COVID-19 supplemental paid sick leave entitlements for eligible employees of up to two weeks for various COVID-19 related reasons, which entitlements expired on September 30, 2021.

Some common questions about this anticipated requirement are addressed below.

When is it effective?

The state legislature will likely move quickly to finalize and vote on legislation to effectuate this paid leave obligation in the coming weeks. The exact timeline is currently unknown.

It is anticipated that the COVID-19 paid leave obligations will be retroactive to January 1, 2022 and will expire on September 30, 2022.

Will it apply to my business?

It is expected that California employers with more than 25 employees will be subject to the new COVID-19 paid leave obligations.

What is required?

The proposed paid sick leave requirements are anticipated to be similar to those in the 2021 predecessor bill, which expired on September 30, 2021.

Covered employers should expect to provide workers with up to two weeks of supplemental paid sick leave to recover from COVID-19 or care for a family member with the virus, as follows:

• Up to 40 hours of paid leave with proof of a positive COVID-19 test and
• Up to 40 additional hours of flexible paid leave for full-time workers who are sick or caring for an ill loved one.

The amount of leave would be prorated for part-time workers in an amount equal to the number of hours they typically work in a week.

What other aspects of this framework should employers watch for?

The framework is expected to include a proposal to restore business tax credits to offset the related expenses incurred by covered California employers.

Next steps

The legislation is not yet finalized, so the proposed details noted above are subject to change. In the meantime, employers are encouraged to start to prepare for new requirements and keep posted for developments over the coming weeks.

If you have any questions regarding this development or other COVID-19 related requirements, please contact the authors, your DLA Piper relationship attorney, or the DLA Piper Employment group at CoronavirusEmployment@dlapiper.com.