California’s New COVID-19 Supplemental Paid Sick Leave Proposal

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California’s New COVID-19 Supplemental Paid Sick Leave Proposal

Amid the national surge in COVID-19 cases, on January 25, 2022, Governor Gavin Newsom along with Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon, announced a “framework” to ensure California employees have continued access to supplemental COVID-19 paid sick leave through September 30, 2022.  The anticipated requirement is similar to what Governor Newsom signed into law in March 2021 and expired on September 30, 2021.

The state legislature will likely move quickly to finalize and vote on legislation to effectuate this paid leave obligation in the coming weeks and California employers should assume this agreement will become law and prepare accordingly to re-institute supplemental paid sick leave for their California employees.  Employers should be aware of the following key features of the new COVID PSL agreement:

  1.      1.  The law will apply to employers with 26 or more employees.
  2.      2.  The amount of paid leave would be retroactive to January 1, 2022.
  3.      3.  Full-time employees will be entitled to 40 hours of paid leave with proof of a positive COVID-19 test and an additional 40 hours of flexible paid leave upon showing proof that they (or their family member) have tested positive for the COVID-19 virus, are quarantining, attending vaccine appointments, or experiencing vaccine side effects.
  4.      4.  Part time workers would be eligible for paid leave equal to the number of hours they typically work in a week.

The legislation is not yet finalized, so the proposed details noted above are subject to change.  In the meantime, employers are encouraged to start to prepare for new requirements and keep posted for developments over the coming weeks.  If you have any questions regarding the development or other COVID-19 related requirements, please contact Dawn at:

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is considered advertising under laws of some states.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.

Attorneys admitted to practice in California, New York, Colorado, Texas, and Oregon