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March 22nd, 2021
California Enacts COVID-19 Supplemental Paid Sick Leave 2021
On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. This new law seeks to pick up where the Families First Coronavirus Response Act (“FFCRA”) and California’s previous version of COVID related paid sick leave left off. Here are a few of the highlights:
- Who is covered. Any employer that has 25 or more employees. Employees who cannot telework for any reason listed in the law are automatically covered upon being employed.
- How does it work. Similar to the FFCRA, employers must provide the COVID-19 Supplemental Paid Sick Leave if an employee is:
-Subject to a governmental quarantine or isolation period or has been advised by a health care provider to self-quarantine;
-Attending an appointment to receive a COVID-19 vaccine;
-Experiencing symptoms of COVID-19 that prevent the employee from coming to work;
-Caring for a family member who has been advised to self-quarantine; or
-Caring for a child whose school or place of care is closed for reasons related to COVID-19.
- What are the maximums. Full-time employees can take up to 80 hours of COVID-19 supplemental paid sick leave and part-time employees can take the total number of hours they were normally scheduled to work over a two week period. The amount paid to an employee is based on the employee’s regular wages but payments are capped at $511 per day and $5,110 in the aggregate.
- When does it start. The payment requirement is retroactive to qualifying leaves taken as of January 1, 2021 upon the oral or written request of an employee and must be paid during the next regular pay period after requested. The law became effective immediately when signed by the Governor on March 19th but has a 10-day grace period. As a result, employers need to be ready to implement it (including its notice requirements) by March 29, 2021.
If you have questions about any of these laws, or about other employment law issues, please contact Tricia Legittino at (310) 579-9632 or firstname.lastname@example.org, Wendy Stryker at (212) 705-4838 or email@example.com, Viviane Scott at (212) 705-4817 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
June 16 2021
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
June 4 2021
New York HERO Act Imposes New Health and Safety Rules on Employers
On May 6, 2021, Governor Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. Read more.
May 7 2021