Extension to COVID-19-Relief Bill

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Extension to COVID-19-Relief Bill

Current state law was set to expire, but California extended the 2022 COVID-19 Supplemental Paid Sick Leave law (“SPSL”), the law that requires employers with 26 or more employees to provide supplemental paid sick leave to employees for COVID-19 related qualifying reasons.  September 30, 2022, providing for COVID-19 supplemental paid sick leave for covered employees who are unable to work due to certain COVID-19 reasons and entitled a covered employee to 40-hours of COVID-19 supplemental paid sick leave.  It is now extended through December 31, 2022.

As a reminder, there are eight qualifying reasons for employees who are unable to work due to COVID 19:

  1. 1. The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the California Department of Public Health (“CDPH”), the federal Centers for Disease Control and Prevention (“CDC”), or a local public health officer who has jurisdiction over the workplace;

  2. 2. The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19;

  3. 3. 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;

  4. 4. The covered employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevent the employee from being able to work or telework;

  5. 5. The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;

  6. 6. The covered employee is caring for a family member who:

  •      •Is subject to a CDPH, CDC, or local health officer order or guidance to isolate or quarantine, or
  •      •Has been advised by a health care provider to isolate or quarantine;
  1. 7. 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; or

  2. 8. The covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19.


This bill provides that an employer has no obligation to provide additional COVID-19 supplemental paid sick leave if an employee has already used their COVID-19 leave earlier in the year or refuses to submit the required tests.  The bill also authorizes an employer to require; if the diagnostic test is positive, the employee to submit to a second diagnostic test within 24 hours at no cost to the employee.

The bill will offer relief to small businesses by establishing the California Small Business and Nonprofit COVID-19 Relief Grant Program within the Governor’s Office of Business and Economic Development (GO-BIZ).  The program is to provide grants of up to $50,000;  but no more than the actual costs incurred for supplemental paid sick leave between January 1, 2022, and December 31, 2022, to qualified small businesses and nonprofit organizations.

As a result of these amendments, employers should advise their employees that they may be subject to an additional follow-up COVID-19 test in the event that they request supplemental paid sick leave for COVID-19 and that, in order to receive (SPSL) for such reason, employees will need to provide documentation of such test results.

Here at Epps & Coulson, LLP we understand all of these COVID laws may be confusing.  We are available to advise and help you implement policies to protect you.  Contact Dawn at: dcoulson@eppscoulson.com

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.

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