Labor Commissioner Issues Posting Notice and FAQs on 2021 COVID-19 Supplemental Paid Time Off Requirements

Late last week, Gov. Newsom signed SB 95 (Skinner), which adds LC §§248.2-248.3 to resurrect and expand upon the statewide COVID-19 Supplemental Paid Sick Leave requirement (AB 1867) that expired at the end of 2020.  SB 95 mandates that public or private employers in California with more than 25 employees provide up to 80 hours of COVID-19 Supplemental Paid Sick Leave, subject to a maximum of $511 per day and a total of $5,110, with the liability for the sick leave payments retroactive to the beginning of this year, as the new law covers the first nine months of 2021 (January 1 through September 30). 

This new block of 80 hours of sick leave is in addition to any leave an employee took in 2020 under the federal Families First Coronavirus Response Act or AB 1867.  SB 95 also has added new qualifying reasons for COVID-19 sick leave, including getting the COVID-19 vaccine and recovering from symptoms related to the vaccine. The new law takes effect next Monday (March 29).  

The law also requires employers to display a required poster that the Labor Commissioner issued this week (click here).  The Commissioner also issued an FAQs page that addresses many of the questions employers may have, including coverage, allowable reasons for taking leave, the requirements for requesting leave from an employer, calculating the appropriate amount of leave, recordkeeping requirements, and enforcement (click here). If employees are working remotely or do not otherwise frequent the workplace, employers may satisfy the notice requirement by distributing the notice via e-mail or other electronic means.  

The governor signed SB 95 late last Friday (March 19) but there is a 10-day grace period for employers to comply (hence, the March 29 effective date), but employers are advised to distribute or display the poster as soon as possible.  

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