At a Glance
- Effective from February 19th, 2022 until September 30th, 2022
- Retroactive from January 1st, 2022
- Applies to employers with 25 or more employees
- Eligible full-time employees may be entitled to up to 80 hours of SPSL
- Employers may require employees to provide proof of a positive COVID test to utilize additional SPSL
On February 9th, 2022, California Governor Gavin Newsom signed a bill that requires employers to provide COVID-19 related Supplemental Paid Sick Leave (SPSL). The effective date of this bill is February 19th, 2022 but has a retroactive date of January 1st, 2022. The SPSL requirement will be effective until September 30th, 2022. There are many similarities between the previous 2021 SPSL legislation and the current 2022 SPSL legislation. The following outlines the 2022 requirements and how they differ from the 2021 requirements.
Eligibility and Retroactivity
Like the 2021 legislation, the current legislation requires employers with 25 or more employees to provide Supplemental Paid Sick Leave to their employees. A covered employee means an employee who is unable to work or telework for the employer due to COVID-19 related reasons (see below for acceptable uses).
This bill requires that the SPSL hours are retroactive to January 1, 2022. An employer may require a covered employee to provide documentation of a positive COVID-19 diagnostic test during the relevant period if an employee requests retroactive payment of the COVID-19 supplemental paid sick leave. For any retroactive payment, the number of hours of leave corresponding to the amount of the retroactive payment shall count towards the total number of hours of SPSL that the employer is required to provide to the covered employee. After the employee provides an oral or written request to take the leave, any retroactive payments must be paid on or before the payday for the next full pay period.
Supplemental Paid Sick Leave: Bank One
Covered employees are eligible to receive up to 40 hours of Supplemental Paid Sick Leave for the reasons listed in the “Acceptable Uses” section below.
An eligible employee is entitled to 40 hours of SPSL, if the employer considers the covered employee to work full time and/or if the covered employee worked or was scheduled to work, on average, at least 40 hours per week for the employer in the two weeks preceding the date the covered employee took SPSL. If the covered employee has a normal weekly schedule, then the total number of SPSL hours would be the hours the employee is normally scheduled to work for the employer over one week.
Employees are entitled to use the above Supplemental Paid Sick leave (Bank One) for the following reasons:
- The covered employee is subject to a qualifying quarantine or isolation period related to COVID-19.
- The covered employee is under a qualifying quarantine.
- The covered employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19.
- The covered employee is experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework.
- The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The covered employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
- The covered employee is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
For purposes of SPSL, “family member” means parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling.
Additional Supplemental Paid Sick Leave: Bank Two
New for 2022, covered employees are entitled to, in addition to the Supplemental Paid Sick Leave described above, up to 40 more hours of Additional SPSL if the covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19. The total amount of hours an employee is entitled to for Additional SPSL is determined using the same criteria used for SPSL above.
Employers are permitted, but not required to request documentation from an employee in order for the employee to receive the 40 hours of Additional SPSL.