Legislature Introduces New Measure Supplemental Paid Sick Leave for COVID-19

 

As part of its budget package the legislature unveiled AB 84 (Cmte. on Budget) Employment: COVID-19: supplemental paid sick leave.

 

This new language adds to the supplemental COVID-19 sick leave that was passed earlier in the pandemic and required employers to provide extra paid sick leave to employees affected by the corona virus.

 
This supplemental COVID-19 sick leave bill is the result of an agreement between the legislature and administration that was reached last week. AB 84 language is being presented as a more limited scope compared to last year’s legislation and aims to address some of the issues employers raised about abuses in the system.
 
AB 84 applies to employers with more than 25 and grants COVID-19 supplemental leave to employees who are unable to work or telework due to certain reasons related to COVID-19. These reasons include quarantine or isolation requirements, time for a vaccine or booster appointment, side effects from the vaccine or COVID-19 symptoms, and time for caring for a child whose school or childcare is closed because of COVID-19.
 
Under the bill’s provisions, employers must grant 40 hours of COVID-19 supplemental leave to an employee if the employee is full-time or was scheduled to work an average of at least 40 hours/week in the two weeks preceding the date the employee takes the leave. For other employees, the total amount of hours is based on their weekly schedule or average weekly hours.
 
Employees are entitled to additional supplemental leave up to the same amount as described in the previous paragraph if they, or a family member they provide care for, tests positive for COVID-19 and the employee provides documentation of the test results to the employer.
 
If an employer has paid another supplemental benefit for leave taken on or after January 1, 2022, that is paid for the reasons covered by this bill and compensates the employee equal to or greater than what is required by this bill, then the employer can count those hours towards the hours of supplemental leave required by this bill.
 
Employers must note COVID-19 supplemental leave separately from paid sick days, and must provide an employee with written notice that states the amount of COVID-19 supplemental leave that an employee has used through a pay period on either the employee’s itemized wage statement or in a separate writing.

 

The bill had its first hearing last Thursday in the Senate Budget Committee and is quickly making its way through the legislature. Despite having to return to the Assembly for a final vote, if continues moving as quickly as it has been, it is possible AB 84 will reach the governor’s desk in the next few weeks go into effect as early as Thursday, February 17th.
 
Since AB 84’s requirements cover January 1, 2022, through September 30, 2022, this measure would apply retroactively to the beginning of the year.