California Passes 2022 Supplemental Paid Sick Leave Law (CPSL)
On February 9, 2022, Governor Newsom signed Senate Bill 114, known as the Supplemental California Paid Sick Leave Law (CPSL).
The new law, set forth in Labor Code section 248.6, is retroactive to January 1, 2022, and requires employers to comply with the CPSL law as of February 19, 2022.
The elements of California’s Supplemental CPSL law are different from California’s 2021 CPSL law. As such, employers must become familiar with the new law’s provisions:
Employers with 26 or more employees are subject to the 2022 CPSL.
New Labor Code section 248.6 applies to employers with 26 or more employees and to several public employers. The new 2022 CPSL law does not apply to employers with 25 or fewer employees.
All Employees are covered (with Employers with 26 or more Employees).
The 2022 CPSL law covers all employees, whether they are part time, full time and, also, if the employee is a new hire. Moreover, the law allows employees to use leave to care for family members. A family member includes a spouse, child, grandchild, parent, grandparent and sibling.
Amount of Leave Employees Receive.
The maximum potential amount of CPSL an employee is able to utilize is 80 hours for full-time employees and a lesser amount for part-time employees. The 80 hours are spread across two buckets of 40-hour leave banks:
- The first bank of 40 hours is available only if the employee tests positive for Covid-19, or the employee is caring for a family member who tests positive for Covid-19. Employers are permitted to request proof of a positive test result.
- The second bank of 40 hours is available for other covered reasons, including doctor-ordered or government-ordered quarantine or isolation (even if the employee does not test positive for Covid-19, time off work for vaccination(s), time off work for family members’ vaccinations, recovery from said vaccinations, experiencing Covid-19 symptoms (even if the Employee or family member does not test positive for Covid-19), doctor’s appointments for the symptoms and diagnosis, school or daycare closure for a child of the employee if the closure is due to Covid-19.
- The second bank of time off for a vaccine or booster shot, the time off is limited to 24 hours (3 days).
The California Labor Commissioner has issued a poster for additional guidance. A copy is attached.
The leave banks are calculated as follows:
- Full-Time Employees: Employees receive 40 hours for each bank of leave if they are full time or if the employee is schedule to work at least 40 hours per week (in the two weeks prior to the first date preceding the utilization of leave by the employee).
- Part-Time Employees: Part-time employees with a normal weekly schedule receive banks of leave that are equal to the hours that they are scheduled to work (for each bank of leave). If the employee works variable hours, then that employee receives seven times the average number of hours worked each day (using a six-month lookback). If the employee with variable hours has worked less than 6 months, then the employer shall use the same calculation for the period of time that the employee has worked.
Coverage Period begins 1/1/2022 and ends 9/30/2022
The 2022 CPSL law has an applicable time period starting on January 1, 2022, and ends on September 30, 2022. However, if an employee is out on leave under the 2022 CPSL on September 30, 2022, then that absence will be covered under the law after September 30, 2022.
$511 limit per day and $5,110 in total.
Employers do not need to pay more than $511.00 per day for an employee out on 2022 CPSL leave, nor do employers need to pay more than $5,110 overall.
Posting Notice.
The California Labor Commissioner has prepared a model poster that is publicly available, which employers must display in a conspicuous place at the main worksite. If there is not a main worksite, then the employer may send the poster to employees via email.
California requires certain CPSL information be available on paystubs or other written notices employees receive on payday. Unlike the 2021 CPSL law, the information to be provided on the paystub is to be accrued hours used and paid under CPSL (which is subject to the 40 hours of each bank). As such, each paycheck will report a zero (0) balance until the CPSL leave is utilized.
Are you an employer or employee and have questions or concerns? Dias Law Firm, Inc. can help! Contact us today for a consultation.
By: Steven E. Alfieris, Esq.
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