URGENT ALERT: California extends COVID-19 Supplemental Sick Pay to December 31, 2022
Effective immediately, California has extended COVID-19 supplemental paid sick leave through December 31, 2022 for employers with 26+ employees.
California has also changed the eligibility rules for employees to use SPSL when they test positive for COVID-19.
Finally, the state has created a California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to help offset the costs of providing the sick leave.
Here’s a brief overview of what employers need to know about the extended SPSL:
The extension does not create a new bank of SPSL. The up to 80 hours of SPSL that employees could use between January 1 and September 30 must remain available until the end of 2022. If an employee has used all available SPSL before October 1, 2022, and experience another COVID-19 related absence, they will need to use another pay or wage replacement benefit (e.g. non-COVID sick leave, vacation, State Disability Insurance).
An employer may require a test after 5 days have passed since the employee tested positive for COVID-19. Also, under the new amendments, an employer may require a second test after 24 hours have passed from the first required test. If the employee fails to take such a test required by the employer, the employer may deny pay for any leave taken after the time the employer provides the test.
Any test required by the employer must be made available by the employer and at no cost to the employee. Making a test available means ensuring the employee has a rapid test in hand or securing an appointment at a testing facility for the employee. A test has not been made available by the employer if it has not been received by the employee.
Employers must remember additional local SPSL ordinances remain in effect in cities in California including Long Beach, the City of Los Angeles and unincorporated Los Angeles County, and Oakland.
The New Law Establishes the California Small Business and Nonprofit COVID-19 Relief Grant Program
The program will provide grants to qualified small businesses and nonprofit organizations for up to $50,000 of COVID-19 SPSL costs incurred between January 1, 2022, and December 31, 2022. I will provide more information about this grant program when it becomes available.
Have Questions?
The State Labor Commissioner’s Office has prepared a detailed FAQ about SPSL that employers can refer to when fielding questions from workers and updating policies. You can find that here.
We highly encourage employers of all sizes to take a fresh look at their employee leave and other policies as they relate to SPSL.
If you need assistance, please reach out directly to support@clementsemploymentlaw.com. It is a great time to refresh policies and practices to ensure your business stays up to date on the current requirements!