2022 COVID-19 supplemental California paid sick leave

On February 9, 2022, California’s governor signed Senate Bill (SB) 114. This law requires certain employers to provide 2022 COVID-19 supplemental California paid sick leave (CPSL) effective February 19, 2022 and is retroactive to January 1, 2022.

Employees who are unable to work can use the new CPSL for the following reasons:

  • Employee is subject to a quarantine or isolation period related to COVID-19 as defined by federal, state, or local orders or guidance.
  • Employee is advised by a health care provider to self-quarantine or isolate due to concerns related to COVID-19.
  • Employee or family member is attending an appointment to receive a COVID-19 vaccine or booster.
  • Employee or family member is experiencing symptoms related to a COVID-19 vaccine or booster 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 guidance or who has been advised to self-quarantine or isolate by a health care provider due to concerns related to COVID-19.
  • 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.
  • Employee tests positive, or is caring for a family member who tests positive, for COVID-19.

The requirement to provide CPSL remains in effect through September 30, 2022.

Amount of Leave Employees Receive and can use:

The maximum potential amount of CPSL an employee can receive is up to 80 hours between the two banks provided.

  • Full-Time Employees: Employees receive 40 hours (for each bank of leave) if on average, they worked or were scheduled to work at least 40 hours per week in the two weeks preceding the date they took leave.
  • Non-Full-Time Employees: Employees with a normal weekly schedule receive the total number of hours they are normally scheduled to work over one week (for each bank of leave). Employees who work a variable number of hours and whose tenure is six months or more receive seven times the average number of hours they worked each day in the six months preceding their leave date (for each leave bank). If they have worked only between 8 days and six months, employers are to use this same calculation but over the employee’s entire period of employment. Employees who have worked 7 days or fewer receive leave hours equal to their total number of hours worked (again, for each leave bank).

Two leave banks:

  • Leave hours from one “up to 40-hour” bank will be available only if the employee tests positive for, or is caring for a family member who tests positive for, COVID-19.
  • Leave hours from the second “up to 40-hour” bank will be available only for other covered reasons (quarantine or isolation, vaccine appointments or recovery, experiencing COVID symptoms and seeking medical diagnosis, closure of school or place of care for reasons related to COVID-19 on the premises).

Regarding the second bank, time off for a COVID-19 vaccine or booster shot can be limited by the employer to three days or 24 hours.

If you have questions please reach out to Care Pro HR at careprohr@honorcare.com.