As the world’s COVID-19 situation improves, people are beginning to return to some sense of normalcy. Of course, the current situation is evolving, and as such, certain precautions must be taken to ensure everyone’s safety. The Return to Work Agreement was recently renewed, going to effect on Monday, February 14 and lasting through Saturday, April 30, 2022. This agreement extends the current temporary COVID-19 sick leave provisions through Friday, September 30, 2022. Other notable changes include the addition of a definition for the term “Fully Vaccinated,” specific mask requirements, and a limited list of accepted antigen tests.
Two years into the pandemic, there are still so many questions for employers and employees when it comes to workplace rights and safety. For starters, California employers with 26 or more employees must now comply with the state’s latest paid sick leave legislation, SB114 COVID-19 Supplemental Paid Sick Leave (CA-SPSL). So, what’s included in CA-SPSL? Here’s a quick breakdown:
- CA-SPSL went into effect on Saturday, February 19, 2022, 10 days after enactment, and will remain in effect through Friday, September 30, 2022. The statute applies retroactively to Saturday, January 1, 2022.
- Covered Employees are employees in California who are unable to work or telework because of a positive COVID-19 test and/or covered reason(s).
- If Cal-OSHA COVID-19 Emergency Temporary Standard (ETS) or Cal-OSHA Aerosol Transmissible Diseases Standard (ATDS) requires an employer to maintain an employee’s earnings when an employee is excluded from the workplace due to COVID-19 exposure, employers cannot require an employee to first exhaust CA-SPSL.
- Employers may count local jurisdictions’ COVID-19 paid sick leave toward their CA-SPSL obligation as long as the leave was provided for the same reasons and compensates the employee in an amount equal to or greater than CA-SPSL.
- For previously taken leave where the employer did compensate the employee in an amount equal to or greater than the amount to which an employee would be entitled under CA-SPSL, the employee should be credited for any leave hours used upon the employee’s oral or written request. The employer should be credited for providing those hours as CA-SPSL hours.
- Retroactive payments for any leave taken when the employer did not compensate the employee in an amount equal to or greater than the amount to which an employee would be entitled under CA-SPSL can be requested in writing or orally by an employee. The employer shall provide the employee with a retroactive payment that provides pay greater than or equal to the amount due under CA-SPSL on or before the next full pay period after the request is received.
- An employer may require that an employee provide documentation of a positive COVID-19 diagnostic test during the relevant period if an employee requests retroactive payment for such leave.
Posting and Wage Statement Requirements
- Employee’s wage statements from Cast & Crew will reflect how much leave the employee has used; listed as “0 hours” until an employee uses the leave in compliance with SB114.
- Employers must conspicuously display the poster issued by the state labor department in their workplaces. If employees do not frequent a workplace, employers can distribute the poster electronically. A copy of the poster can be found here.
Amount of Leave Employees Can Use
- Full-time employees are entitled to up to 80 hours of CA-SPSL. The 80 hours are split into two 40-hour leave banks:
- First Bank – 40 hours apply if the employee or the employee’s family member tests positive for COVID-19.
- Second Bank – 40 hours for covered reason(s) (see covered reasons and exceptions below).
- Part-time employees are entitled to an amount of CA-SPSL as follows:
- If the employee has a normal weekly schedule: the total number of hours the employee worked each day for the employer over one week.
- If the employee works a variable number of hours: seven times the average number of hours the employee worked each day for the employer in the six months preceding the date the employee took CA-SPSL. If the employee has worked for the employer over a period of fewer than six months but more than seven days, AB 84 requires that this calculation instead be made over the entire period the employee has worked for the employer.
- If the employee works a variable number of hours and has worked for the employer over a period of seven days or fewer: the total number of hours the employee has worked for that employer.
Rate of Pay
- Cast & Crew will calculate exempt employees’ rates of pay for CA-SPSL in the same manner as wages for other forms of paid leave time are calculated.
- Cast & Crew will calculate non-exempt employees’ rates of pay in the same way as the regular rate of pay for the workweek where employee uses CA-SPSL or by dividing total wages, not including overtime premium pay, by the total non-overtime hours worked in the full pay periods occurring within the prior 90 days of employment in accordance with SB114.
- Employers need not pay more than $511 for each day an employee uses CA-SPSL, or more than $5,110 overall. Employees who max out due to pay caps can use their other available paid leave to be fully compensated during the absence.
Reasons Employees Can Use Leave
Covered Reasons:
- The covered employee is subject to a quarantine or isolation period related to COVID-19.
- The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19.
- 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.
- The covered employee is experiencing symptoms or caring for a family member experiencing symptoms related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework.
- The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The covered employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
- 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.
- If the covered employee or a family member for whom the covered employee is providing care tests positive for COVID-19.
- Time off for vaccines/boosters can be limited by the employer to 3 days or 24 hours unless a health care provider verifies the employee or family member continues to experience symptoms related to the vaccine/booster.
- Employers can require employees to provide documentation of the test result when leave is taken for a positive COVID-19 test. If an employee refuses to provide documentation, the employer can deny leave. Additionally, when an employee or family member tests positive for COVID-19, employers can require that employees take a diagnostic test (at no cost to the employee) on or after the fifth day of the positive test and provide documentation of the results.
While we strive to provide the most accurate and relevant information, this breakdown should not be taken as legal counsel or advisement. Still, knowing the facts can help everyone return to work life in a safe and efficient way. Please consult with your payroll coordinator to determine the appropriate procedures and pay codes for use with CA-SPSL. And if you still have questions, please reach out to laborrelations-questions@CastandCrew.com.
