As a follow-up to our previous posting, we would like to address a few additional issues. Note that this law affects employers with more than 25 employees and although the law goes into effect on February 19, 2022, the law is retroactive from January 1, 2022.
Under California law, employers are required to display a poster regarding 2022 COVID-19 Supplemental Paid Sick Leave, in a place at the worksite where employees can easily read it. If employees do not frequent the workplace, the employer may satisfy the notice requirement by disseminating notice through electronic means.
The Labor Commissioner’s Office has provided a model notice in English and Spanish, which can be downloaded and printed here:
Retroactive Leave Credit
If an employee was fully paid but used another type of leave when they were off work due to a COVID-19 related reason between January 1, 2022, and February 19, 2022, upon written or oral request, the employee can get that leave credited back and have the leave allocated as a COVID-19 Supplemental Paid Sick Leave in the corresponding amount.
The decision to restore used time is the employee’s decision.
COVID-19 Diagnostic Tests
A specific type of COVID-19 diagnostic test is not required in order to qualify for leave based on having a positive test result. An employee may take an over-the-counter rapid test (Antigen) or a test that is scheduled at a testing facility. The law does not specify the type of test that must be taken and does not place conditions on how the test is administered in order to qualify for leave.
Record-Keeping and Paystubs
The 2022 COVID-19 Supplemental Paid Sick Leave differs from 2021 COVID-19 Supplemental Paid Sick Leave in that paystubs must list what has been used instead of what is available to use. If no COVID-19 Supplemental Paid Sick Leave hours have been used yet, then the paystub or other writing issued at the time wages are paid must indicate 0. Employers are advised to communicate with their payroll providers to ensure that they are complying with these record keeping and paystub requirements.
COVID-19 Supplemental Paid Sick Leave FAQ’s
For employers who may need more clarification on the new law, the Department of Industrial Relations has published a 2022 COVID-19 Supplemental Paid Sick Leave FAQs page located here: Supplemental Paid Sick Leave FAQ’s