Employer Alert: California Labor Commissioner Issues New COVID-19 Supplemental Paid Sick Leave FAQ and Required Poster
Employer Alert: California Labor Commissioner Issues New COVID-19 Supplemental Paid Sick Leave FAQ and Required Poster

As reported here, on March 19, 2021, Governor Gavin Newsom signed into law Senate Bill 95. This new law requires all California employers (including those with collective bargaining agreements) with 25 or more employees to provide paid supplemental sick leave to employees who are unable to work or telework due to certain COVID-19 related reasons. In-home supportive service providers are also required to provide paid supplemental sick leave to their providers.

The new COVID-19 supplemental sick leave must be provided on the oral or written request of the covered employee. Full-time employees are eligible for up to 80 hours, while part-time employees are eligible for a lesser amount, based on a schedule-based formula detailed in the law. 

The new law also requires that by March 29, 2021, employers must post this poster in the workplace and send it to employees who do not frequent the workplace, which may be accomplished via email. The poster includes the reasons for which COVID-19 supplemental sick leave may be used and the amount of sick leave to which eligible employees are entitled.

The law becomes effective on March 29, 2021, but applies retroactively to January 1, 2021. The California Labor Commissioner issued these FAQ to help address questions regarding the requirements of the new law.

The author would like to gratefully acknowledge the assistance of Joanne Warriner.

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