California has reinstituted its paid COVID-19 supplemental sick leave, which requires employers with more than 25 employees to provide supplemental paid sick leave (SPSL) to employees out with COVID-19 or related issues, retroactive to January 1, 2022.

An employee is eligible for up to 40 hours of supplemental paid sick leave if the employee:

1. is subject to a quarantine or isolation period related to COVID-19;

2. has been advised by a healthcare provider to isolate or quarantine due to COVID-19;

3. is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19;

4. is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevent the employee from being able to work or telework;

5. is experiencing symptoms of COVID-19 and seeking a medical diagnosis;

6. is caring for a family member who is subject to a quarantine or isolation period related to COVID-19 or has been advised by a healthcare provider to isolate or quarantine due to COVID-19; or

7. is caring for a child (as defined) whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

An employee is eligible for up to 40 additional hours of supplemental paid sick leave (i.e., 80 hours total) if:

1. the employee is unable to work or telework and either the employee tests positive for COVID-19 or the employee’s family member, for whom the employee is providing care, tests positive for COVID-19; AND

1. the employee provides documentation to the employer.

An employer has no obligation to pay the additional leave to an employee who refuses to provide documentation of their or their family member's positive COVID-19 test. 

These hours are based on a full-time, 40-hour employee. Part-time employees are paid equal to their average or normal hours worked.

The total maximum amount of supplemental paid COVID-19 sick leave an employee is entitled to is 80 hours between January 1, 2022, and September 30, 2022. If an employee took other paid sick leave on or after 1/1/22 for the sam reasons listed about AND that leave was compensated in an amount equal to or greater than the amount of compensation to which the employee would be entitled under this legislation, then the hours of the other paid leave may be counted toward the total number of hours an employee is entitled to under this legislation. However, is very important to note that California Paid Sick Leave cannot be used for purpose of offset. This means that you cannot use regular paid sick leave in lieu of this supplemental COVID-19 leave, nor can you reduce regular paid sick leave if COVID leave was taken between January 1, 2022 and today. 

Finally, do not forget that each hour of supplemental paid COVID-19 sick leave must be paid at the employee's "regular rate of pay" which, for hourly employees, must be calculated to incorporate additional employee compensation over and above the standard hourly rate–including items such as commission, piecework, and non discretionary bonuses.

*Note that all employers must post the leave requirements in the workplace, and distribute the State-approved poster to all employees for review. The poster can be found at:  https://www.dir.ca.gov/dlse/COVID19resources/2022-COVID-19-SPSL-Poster.pdf