Supplemental Paid Sick Leave (“SPSL”)- CA Senate Bill No. 95

Supplemental Paid Sick Leave (“SPSL”) became effective in the state of California on March 29, 2021. However, it will cover cases as early as January 1, 2021. The requirement to provide 2021 COVID-19 Supplemental Paid Sick Leave will end on September 30, 2021. SPSL applies only to employers who have more than twenty-five (25) employees. SPSL does not apply to independent contractors, only employees are eligible to receive SPSL. However, if an independent contractor is misclassified and is in fact should be an employee, then a worker is eligible to receive SPSL. SPSL may be requested by the employee either verbally or in writing. Employers cannot condition the leave on a medical certification.

The employee could be entitled to the supplemental paid sick leave if the employee believes to be suffering from COVID-19 related symptoms and requires medical attention; if they are COVID-19 positive and are required to self-quarantine or isolate; or if the employee is taking care of a family member who experiences COVID-19 related symptoms; caring for a child whose daycare or school is closed due to COVID-19 related reasons. Finally, employee may be eligible for SPSL if the employee is attending an appointment to receive a vaccine against COVID 19.

In order to determine how much SPSL employees are entitled to, will depend on whether they are full-time or part-time employees. Those who are full-time will be allowed to receive a maximum of 80 hours assuming they work a normal schedule of 40-hours weekly. Employees who are part-time will be eligible to receive SPSL depending on the average amount of hours they worked. There are a couple of methods to calculate this amount. Assuming the employee has worked at least six (6) months with their employer, the amount is calculated by combining the total amount of hours an employee worked during the six (6) month period divided by the total number of days in a six (6) month period. This average is then multiplied by fourteen (14) to find the total amount of hours for SPSL. If the employee has not been with their employer for at least six (6) months, the figure is determined based on the total number of days in the 6-month period, not just the number of days worked.

If the part-time employee has not been employed for more than fourteen (14) days, the total number of hours the employee has worked would be divided by a total of fourteen (14) days. That total is then multiplied by 14 to determine the total amount of hours compensated for SPSL.

Employees will also be able to request retroactive pay up until January 1, 2021. Once the employee has requested SPSL either verbally or in writing, employers must provide the employee with payment by the following pay period. Employees must be provided with a wage statement detailing how much payment was remitted for SPSL. The wage statement should distinctly display SPSL pay, not to be confused with the employees accumulated sick pay hours which should be listed separately.

If the COVID-19 related reasons listed above apply to an employee, they are required to be compensated for SPSL. Employers cannot and should not force employees to use their unpaid or paid leave, PTO or vacation time for the qualifying COVID-19 reasons. In addition, employers should keep all employees up-to-date by ensuring to publish the poster regarding 2021 COVID-19 Supplemental Paid Sick Leave in the facility as enforced by the Unfair Competition Law, CA Business & Professions Code Section 17200.

If you believe that you are entitled to SPSL, but your employer is not providing you with it, you should consult the employment attorneys at the Serendib Law Firm. We represent people in Orange, Los Angeles, San Bernardino, and Riverside Counties. Call us at 1-800-LAW-8825 (800-529-8825) or complete our online form.