On February 9, 2022, California Governor Newsom signed SB 114 into law, reinstituting COVID-19 sick leave for 2022 (“2022 COVID-19 Sick Leave”). 2022 COVID-19 Sick Leave applies to employers with more than 25 employees and becomes effective February 19, 2022. Notably, the 2022 COVID-19 Sick Leave is retroactive to January 1, 2022. It will expire on September 30, 2022. The key provisions are summarized below.

  1. Amount of leave:
    1. Full-time, covered employees will be entitled to 40 hours of paid leave if they are unable to work or telework for specified reasons related to COVID-19, including that the employee is in quarantine or isolation, attending a COVID-19 vaccine appointment for themselves or a family member, experiencing symptoms or caring for a family member experiencing symptoms resulting from a COVID-19 vaccine, or is caring for a child with a school closure or place of care closure related to COVID-19.
    2. Full-time, covered employees will be entitled to an additional 40 hours of paid leave upon showing proof that they (or their family member) have tested positive for the COVID-19 virus. Employers will have to pay for the test(s), but it is unclear whether this covers tests for employees only or includes testing for their family members.
  2. Documentation Required: Employers may require employees who have tested positive to submit to a second test on or after the fifth day following the first positive test and provide documentation of those results for continuation of coverage. Employers may also require documentation of a family member’s test result before paying additional COVID-19 supplemental paid sick leave.
  3. Effective Dates: The enacted leave is retroactive to any time off beginning January 1, 2022 and will expire on September 30, 2022.
  4. Maximum Benefits: Employees will receive a maximum of $511 per day, or $5,110 total.
  5. No tax credit: Unlike earlier COVID-19 sick leave laws, the 2022 COVID-19 Sick Leave does not include tax credits to employers to offset the costs.

Employers seeking further information and details should contact competent counsel for advice.

 

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Photo of Matthew Goldberg Matthew Goldberg

Matthew Goldberg has successfully represented clients in complex wage-and-hour class actions and California Private Attorney General Act (PAGA) matters, as well as plaintiff retaliation, harassment and discrimination cases. His experience includes preparing for and attending mediations and settlement conferences before the California Division…

Matthew Goldberg has successfully represented clients in complex wage-and-hour class actions and California Private Attorney General Act (PAGA) matters, as well as plaintiff retaliation, harassment and discrimination cases. His experience includes preparing for and attending mediations and settlement conferences before the California Division of Labor Standards Enforcement (DLSE), California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Opportunity Commission (EEOC). He also possesses experience as a trial attorney, assisting in all phases of representation.

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