SB 114: COVID-19 Supplemental Paid Sick Leave Details and Workplace Posting Notice

Last week, Gov. Newsom signed SB 114, providing California workers whose employers have 26 or more employees up to 80 hours of paid leave for COVID-19-related qualifying reasons.  SB 114 COVID sick leave is retroactive to January 1, 2022 and the law will remain in effect through September 30. 

The SB 114 COVID sick leave differs somewhat from the prior COVID sick leave because it makes it relatively easy for employees to qualify for an initial 40 hours of COVID sick pay but requires that they provide a positive COVID test to qualify for the additional 40 hours.  

Specifically, employees of companies with 26 or more workers can qualify for the initial round of COVID sick leave if they worked full time in the 2 weeks prior to the leave and are:

• Obtaining a COVID-19 vaccine or vaccine booster for themselves or a family member

• Recovering from a COVID-19 vaccination or booster

• Experiencing COVID-19 symptoms

• Caring for a family member who needs a COVID vaccination, is experiencing COVID-19 symptoms, or is recovering from a COVID vaccination or booster

• Caring for a child who cannot attend school because of virus-related closures or quarantines

For each vaccine or booster, employers can limit the COVID paid sick leave to 24 working hours (3 days).  To claim more leave, the employee must supply a doctor’s note verifying that the employee or their family member is continuing to experience symptoms related to the vaccine or booster. Employees can qualify for the additional 40 hours of COVID sick pay (bringing the total up to 80 hours) if:

• They test positive for COVID-19, or

• A family member who they care for tests positive for COVID-19

If an employee requests the 2^nd round of COVID sick pay, their employer may ask to see the COVID test results from the employee and/or their relative and if that request is refused, they do not have to provide the additional 40 hours of sick leave. 

Employers were given a 10-day grace period (until February 19) to comply with various provisions in SB 114.  Among those provisions are requirements that covered employers include certain information on employee paystubs and post in a conspicuous place in at their worksite a notice created by the Labor Commissioner’s office describing the COVID sick leave.  The employers are also required to provide the notice to employees working remotely but may do so electronically.  The Labor Commissioner’s office has just released the poster in English and Spanish.  Click here for the English notice, and click here for the Spanish notice.  However, an updated version of the FAQs for the new COVID paid sick leave law is still pending, so employers should continue to check the Labor Commissioner’s COVID-19 Supplemental Paid Sick Leave FAQs page for updated information. 

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