On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. This new law seeks to pick up where the Families First Coronavirus Response Act (“FFCRA”) and California’s previous version of COVID related paid sick leave left off. Here are a few of the highlights:

  • Who is covered. Any employer that has 25 or more employees. Employees who cannot telework for any reason listed in the law are automatically covered upon being employed.
  • How does it work. Similar to the FFCRA, employers must provide the COVID-19 Supplemental Paid Sick Leave if an employee is: 

  -Subject to a governmental quarantine or isolation period or has been advised by a health care provider to self-quarantine;

  -Attending an appointment to receive a COVID-19 vaccine;

  -Experiencing symptoms of COVID-19 that prevent the employee from coming to work;

  -Caring for a family member who has been advised to self-quarantine; or 

  -Caring for a child whose school or place of care is closed for reasons related to COVID-19.

  • What are the maximums. Full-time employees can take up to 80 hours of COVID-19 supplemental paid sick leave and part-time employees can take the total number of hours they were normally scheduled to work over a two week period. The amount paid to an employee is based on the employee’s regular wages but payments are capped at $511 per day and $5,110 in the aggregate. 
  • When does it start. The payment requirement is retroactive to qualifying leaves taken as of January 1, 2021 upon the oral or written request of an employee and must be paid during the next regular pay period after requested. The law became effective immediately when signed by the Governor on March 19th but has a 10-day grace period. As a result, employers need to be ready to implement it (including its notice requirements) by March 29, 2021.

If you have questions about any of these laws, or about other employment law issues, please contact Tricia Legittino at (310) 579-9632 or tlegittino@fkks.com, Wendy Stryker at (212) 705-4838 or wstryker@fkks.com or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.