The Governor signed SB 114 COVID paid leave extension into law, and employers with 25 or more employees must be in compliance by February 19, 2022. Employees can use this paid leave retroactive to January 1, 2022 through September 30, 2022.
The law provides 40 hours (full time employees) of paid leave for the reasons listed below, and an additional 40 hours (full time employees) of paid leave with a confirmed positive COVID test for yourself or for a qualified family member who you are caring for.
Reasons for leave
I’m sick
- Has symptoms of COVID-19 and seeking medical treatment
- Diagnosed with COVID-19 and recovering/following your doctor’s instructions to quarantine/isolate
- I’m in quarantine/isolation
- Advised to quarantine or isolate due to COVID-19 infection or exposure by CDC, State Department of Public Health, or County health department order
- Will usually be the 5 day/10 day rule
- Advised to quarantine or isolate as directed by your docto
- Payable even if you are “feeling better” but still are in quarantine/isolation to protect others
I’m getting vaccinated/boosted or helping someone who is getting vaccinated/boosted
- Employee going to own vaccination appointment
- Taking family member to appointment
- Has post-vaccination symptoms
- Taking care of family member with post-vaccination symptoms
- Limited to 3 days (24 hours) of leave
- Long-term “continuing” symptoms after 3 days must be verified by a doctor
I’m taking care of a family member that is required to isolate/quarantine because of COVID-19:
(Family member means):
- Spouse/domestic partner
- Child, parent, grandparent, grandchild
- Sibling
I’m taking care of a child
- Child’s school or place of care is closed or unavailable AND
- It is due to COVID-19 on the premises
- Does not require the child to be sick, just that their normal school/childcare be interrupted
Additional week of leave:
- To “unlock” the second week (40 hours full time employees) of paid leave, the employee must provide proof of a positive test, either for themselves or the family member they are caring for.
- If the employee is sick, the employer can require the employee to take an additional test on the 5th day after the employee tested positive. The employer must pay for this test.
- If the employee is taking care of a family member who is sick, the employer can require proof of a positive test but can’t insist on a second test or a test done at a particular time
Amount of leave:
- Full time employees = 40 hours, no more than $511 per da
- Part time employees = regular number of schedule hours per week
- Variable hours: average the number of hours employee worked each day over the last 6 months. Multiply by 7.
If you have questions about amount of leave and a variable schedule please do not hesitate to contact your Teamsters representative.
Retroactivity
- Can I get paid or credited for PTO that I already used
- Yes, if the employee qualifies (including the positive test requirement for the second week of leave) and used leave since January 1, 202
- Employee must make a request to the employer – can be oral or written
CalOSHA Exclusion Pay Interaction
- The CalOSHA standard requires employers to maintain earnings/benefits while excluded from work due to COVID-19
- SB 114 prevents an employer from requiring employees to use 2022 COVID leave before paying exclusion pay
- This is a change from the 2021 law.
- CalOSHA requires “exclusion pay” for employees excluded from work because of workplace exposure
- Exclusion pay doesn’t apply to other COVID reasons for leave (vaccination, caring for others, child care)
- Exclusion pay not required if COVID exposure not work related
- Employer may require use of “regular” sick leave during exclusion, but not state mandated 3 days
If you have questions or need assistance accessing your paid leave, please contact your Teamsters representative.