California: Supplemental Paid Sick Leave Expected to Extend to the End of 2022

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Expected to be signed by the Governor this month, AB 152 will extend California’s supplemental paid sick leave through December 31, 2022, with some notable changes. Currently, the state’s supplemental paid sick leave is set to end September 30, 2022. The extension and new rules will go into effect immediately as soon as the Governor signs the bill. Key provisions are discussed as follows. 

 

The combined total 80-hour allotment will now be available to employees through December 31, 2022. The extension does not call for any new time allotment beyond what was already available through September 30th.  

 

Previously, if an employee reportedly tests positive for COVID-19, an employer may require the employee to submit to a diagnostic test on or after the fifth day after the initial test and provide documentation of those results. Now, if the diagnostic test is positive, the employer may also require the employee to submit to a second diagnostic test within no less than 24 hours.  The employer must make these tests available at no cost to the employee. An employer has no obligation to provide additional COVID-19 supplemental paid sick leave if the employee refuses to submit to these tests.  

 

Additionally, supplemental paid sick leave for in-home supportive services providers are also extended to December 31, 2022, but without any changes. 

 

Finally, the bill implements the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program for those employers with 26-49 employees, in existence in California since before June 1, 2021, who provide supplemental paid sick leave to employees, subject to exception. The program allows these employers to recover costs, up to $50,000, associated with providing supplemental paid sick leave between January 1, 2022 and December 31, 2022.  

 

Action Items 

  1. Review the bill here. 
  2. Prepare to update paid sick leave policies, if applicable. 
  3. Have appropriate personnel trained on the new requirements. 
  4. Consult with legal counsel regarding the Relief Grant Program, if applicable. 
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance. 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase