In a long-forecasted move, on March 18, 2021, the California Legislature passed SB 95, reestablishing supplemental paid sick leave for COVID-19-related reasons. A day later, California Gov. Gavin Newsom signed the law, which takes effect on March 29, 2021. The law – similar to the statewide supplemental paid sick leave law that expired on Dec. 31, 2020 will require employers with more than 25 employees nationwide to provide up to 80 hours of supplemental paid sick leave to their California employees.

Qualifying Reasons

Under SB 95, employers of more than 25 employees will be required to provide supplemental paid sick leave to employees who are not provided for in the prior supplemental paid sick leave that expired at the end of 2020: 

Employees who are unable to work or telework due to the following reasons, which are broader than the previous entitlement, can use SPSL:

• Employee is subject to a quarantine or isolation period related to COVID-19 as defined by federal, state, or local orders or guidelines;
• Employee is advised by a health care provider to self-quarantine due to concerns related to COVID-19;
• Employee is attending an appointment to receive a COVID-19 vaccine;
• Employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework;
• Employee is experiencing COVID-19 symptoms and seeking a medical diagnosis;
• Employee is caring for a family member who is subject to a quarantine or isolation order or guideline or who has been advised to self-quarantine by a health care provider due to concerns related to COVID-19; and
• Employee is caring for a child whose school or place of care is closed or otherwise unavailable on the premises for reasons related to COVID-19

Amount of Leave

The amount of supplemental paid sick leave is determined by the employee's status as full-time or part-time employee.

• Full-time employees are entitled to 80 hours of supplemental paid sick leave, including those who work, on average, at least 40 hours per week in the two weeks preceding the date that COVID-19-related leave was needed.
• Part-time employees working a normal weekly schedule are entitled to supplemental paid sick leave in an amount equal to the number of hours scheduled to be worked over two weeks.
• Employees working a variable number of hours (part-time employees on a non-fixed weekly schedule) are entitled to supplemental paid sick leave equal to 14 times the average number of hours worked each day in the six months preceding the date that leave was required.

Maximum Monetary Benefit

Each hour of supplemental paid sick leave must be paid at the employee's regular rate of pay unless an alternate statutory calculation provides for a higher payment. The maximum payable benefit is $511 per day or $5,110 in the aggregate. These monetary caps will automatically increase if the federal government passes a federal supplemental paid sick leave bill that provides for payments at an amount in excess of the benefit payable under the now-expired Families First Coronavirus Response Act.

Retroactive Effective Date

Critically, the law is retroactive to Jan. 1, 2021. Therefore, employers should review any requests for unpaid leave of absence between Jan. 1, 2021 and March 29, 2021, to determine whether any such requested leaves of absence were taken for qualifying reasons under SB 95. If so, payment of supplemental paid sick leave will likely be required for the time spent on unpaid leave. Retroactive payment must be made on or before the payday for the next full pay period after the employee requests, orally or in writing, a retroactive payment for time off for qualifying reasons. Of course, any retroactively paid sick leave would count toward an employee's paid sick leave allotment under SB 95.

DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and may change at any time.