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February 19, 2022

Effective February 19, 2022, any full-time employee of an employer with 26 or more workers is entitled to up to 80 hours of paid leave due to COVID-19 covered reasons. Notably, only 40 hours of leave must be provided if an employee or family member tests positive. The employee has up to 40 hours of paid leave for all other covered reasons that essentially track those of the 2021 CA Supplemental Paid Sick Leave. Part-time workers would be eligible for sick leave equal to the number of hours they typically work in a week or twice that amount with a positive test. This leave is independent of (i.e., in addition to) existing leave associated with getting and/or recovering from the vaccine. To qualify for leave for having or caring for someone with COVID-19, employers may require the employee show proof that they or a family member has tested positive for the virus. Notably, employers must pay for and provide the test. If a worker refuses to provide the documentation, no additional sick leave needs to be granted.

Impact on Employers

Similar to the 2021 COVID-19 Supplemental Paid Sick Leave (“SPSL”) requirement, 2022 COVID-19 SPSL must be itemized on a wage statement or separate writing for covered employees. However, the 2022 wage statement requirement differs in that employers must list what has been used rather than what is available. If no hours have been used, then the itemized paystub amount should reflect 0.

Employers are also required to display the required poster about 2022 COVID-19 SPSL in a place at the worksite easily accessible or the poster must be disseminated electronically.

If you have any questions related to compliance, or how 2022 COVID-19 SPSL relates to obligations under other laws, please contact Pearlman, Brown & Wax’s Employment Law department for assistance at (818) 501-4343 or http://pbw-law.com/areas-of-law/employment-law-litigation.html

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