Governor signs COVID sick pay back into law
February 10, 2022
On February 9, 2022, Governor Newsom signed into law the renewal of COVID sick leave pay. A similar law had been in efffect in 2020 and expired in September 2021 when the virus levels had improved.
This law (SB114), which will go into effect in 10 days, is retroactive to January 1, 2022, and requires employers to provide up to 40 hours of COVID-19 supplemental paid sick leave to a covered employee, if the employee is unable to work or telework because the employee is:
- Subject to quarantine or isolation related to COVID-19 as defined by the State Department of Public Health, Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace;
- Advised by a health care provider to self-quarantine due to concerns related to COVID-19;
- Attending an appointment for themselves or a family member to receive a COVID-19 vaccine or a vaccine booster;
- Experiencing symptoms related to a COVID-19 vaccine or a vaccine booster that prevents the employee from being able to work;
- Experiencing COVID-19 symptoms, and is seeking a medical diagnosis;
- Caring for a family member who has symptoms from a COVID-19 vaccine or a vaccine booster;
- Caring for a family member who is subject to quarantine or isolation; or,
- Caring for a child whose school or place of care is closed due to COVID-19.
For the cases described in (4) and (6), an employer may limit the total COVID-19 supplemental paid sick leave for symptoms to three days or 24 hours unless the employee provides verification from a health care provider that the covered employee or their family member is continuing to experience symptoms related to a COVID-19 vaccine or a vaccine booster.
The law further requires employers to provide up to an additional 40 hours more of COVID-19 supplemental paid sick leave to a covered employee, if the employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19. A covered employee is not required to exhaust the initial flexible 40 hours of COVID-19 supplemental paid sick leave before accessing the 40 hours additionally provided because of a positive COVID-19 test.
The supplemental paid sick leave will remain in effect through September 30, 2022.
