On February 9, 2022, Governor Newsom signed Senate Bill 114, the long-awaited reinstatement of California Supplemental Paid Sick Leave (“Supplemental PSL” or “SPSL”) that employers will be required to provide starting this Saturday, February 19, 2022, and will remain in effect until September 30, 2022.
While this law may be similar in some respects to the prior 2021 Supplemental Paid Sick Leave that expired on September 30, 2021, there are key changes for Employers and Employees alike to be aware of!
The 2022 Supplemental PSL will apply to employers with 26 or more employees, which is different than the prior 2021 law and is retroactive to January 1, 2022. Under this new 2022 Supplemental PSL, an employee will be eligible to receive up to 80 hours of SPSL. However, unlike the prior law this new Supplemental PSL will be offered in two separate leave banks each comprising of up to 40 hours each. The first bank of “up to 40 hours” of Covid-19 SPSL will be available only if the employee tests positive for or is caring for a family member who tests positive for Covid-19. The second bank of “up to 40 hours” of Covid-19 SPSL will be available for other qualifying Covid-19 related reasons.
While employers were hoping to hear that tax credits would be applicable to the payment of this new Supplemental PSL, to date, there are no tax credits available at this time. Chauvel & Glatt will keep tabs on any changes to this new SPSL and write about any changes here in our Employment Law Updates blog. In the meantime, our employment attorneys are getting several questions on the interpretation of the law itself and its application, such as: “what bank applies to your employee’s request for Covid-19 related leave?”; “how does this leave interact with the still, applicable Exclusion Pay?”; “can I now require proof of a positive test” and “what do I do when all the SPSL is exhausted?” For answers to these questions, to learn more about this new 2022 Supplemental PSL and the requirements as a business owner, how to properly apply the use of such leave, and its interaction with Cal-OSHA requirements, please contact the Employer Lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.