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California Expands Paid Sick Leave Requirements for Covid-19

As we continue to navigate the effects of Covid-19, California continues to take steps to provide additional leave benefits for California employees. Last week, Governor Newsom signed AB 1867 into law, which is set to take effect within 10 days. AB 1867 adds section 248.1 to the Labor Code which will provide coverage to employees who did not receive leave benefits under the Families First Coronavirus Response Act, (“FFCRA”). This new law will apply to private “hiring entities” (including sole proprietorships) with 500 or more employees in the U.S., who were excluded under FFCRA.

Employers who fall in this category will be required to provide up to 80 hours of supplemental paid sick leave for full time employees for the following reasons:

(A) The covered worker is subject to a federal, state, or local quarantine or isolation order related to Covid-19;
(B) The covered worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to Covid-19;
(C) The covered worker is prohibited from working by the covered worker’s hiring entity due to health concerns related to the potential transmission of Covid-19.

Any employers subject to this new law will be required to provide this leave in addition to an employer’s current paid sick leave policy. Specifically, this new law prohibits employers from requiring a covered employee to use other paid or unpaid leave, paid time off, vacation provided before the employees use the supplemental leave provided under AB 1867.

If you have any questions about how AB 1867 will affect your business or to ensure that you implement AB 1867 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.


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