EFFECTIVE MARCH 29, 2021

  • Employees who work for Employers with more than 25 employees are entitled to up to 80 hours of Paid Sick Leave (PSL).
  • The Employee can make the request for PSL orally or in writing.
  • This leave is retroactive to January 1, 2021 and will run through September 30, 2021.
  • If an Employee took leave for COVID-related reasons prior to March 29, 2021, the employee should make an oral or written request to his or her employer for payment for up to 80 hours of work missed due to COVID-19.

Criteria to Qualify for the PSL:

If an employee is unable to work or work remotely, for any of the following reasons:

  1. Caring for the Herself or Himself. The employee is subject to quarantine or an isolation period related to COVID-19 as defined by an order or guideline of the California Department of Public Health, the CDC, or a local health officer with jurisdiction over the workplace, has been advised by a healthcare provider to quarantine, or is experiencing COVID-19 symptoms and seeking a medical diagnosis.
  2. Caring for a Family Member. The employee is caring for a family member who is subject to a COVID-19 quarantine or isolation period or has been advised by a healthcare provider to quarantine due to COVID-19, or is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
  3. Vaccine Related. The employee is attending a vaccine appointment or cannot work or work remotely due to vaccine-related symptoms.

Which Employees Are Covered:

  • Full-Time Employees are entitled to 80 hours of leave.
    • Full-time firefighters might be entitled to more.
  • Part-Time Employees with varied schedules, 14 times the average number of hours worked per day for the past six months.
  • Rate of Pay for COVID-19 Supplemental PSL for non-exempt (hourly) employees must be the highest of the following for each hour of leave:
    • Regular pay for the workweek in which leave is taken.
    • State minimum wage.
    • Local minimum wage.
    • Average hourly pay for preceding 90 days (not including OT)
  • Exempt Employees must be paid the same rate of pay as wages calculated for other paid leave time.

An Employer may not retaliate or discriminate against any employee requesting leave under the COVID-19 Supplemental Paid Sick Leave.

For more information about your specific business, please contact Labor and Employment attorneys Ted Schneider and Christopher Correa at (805) 764-6370.

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