Governor Newsom signed into law SB 95, on 3/19/21, codified as Labor Code Section 248.2. This New Supplemental Paid Sick Leave (SPSL) for COVID-19 is broader and retroactive to 1/1/2021. It applies to employers with 26 or more employees, public and private. The result is that far more employers are covered than those covered by the 2020 COVID-19 SPSL.
Additionally, LC 248.2 allows employees to use leave to care for family members, something for which SPSL 2020 did not provide. Family member is defined to include a child, grandchild, grandparent, parent, sibling, or spouse.
Stay tuned for forthcoming detailed update from Hanna Brophy.
The bill would prohibit an employer from requiring a covered employee to use other paid or unpaid leave, paid time off, or vacation time provided by the employer to the covered employee before that employee uses COVID-19 supplemental paid leave or in lieu thereof, except in certain circumstances in which the employer provides another supplemental benefit for leave for COVID-19, as prescribed. The bill would require the Labor Commissioner to enforce these COVID-19 supplemental paid sick leave provisions, as provided. The bill would also require the Labor Commissioner to make publicly available a model notice relating to COVID-19 supplemental paid sick leave. This bill would also provide for COVID-19 supplemental paid sick leave for specified in-home supportive service providers and personal waiver care service providers, as defined, who are unable to work or telework due to certain reasons related to COVID-19. Under the bill, a provider would be entitled to COVID-19 supplemental paid leave if, among other reasons, the provider is subject to a quarantine or isolation period related to ...