California enacts new COVID-19 supplemental paid sick leave

Senate Bill (SB) 95 is California’s most recent response to the COVID-19 pandemic’s continuing impact on California employees. SB 95 provides for COVID-19 supplemental paid sick leave (SPSL), filling what otherwise would be a coverage gap, given the December 31, 2020, expiration of the SPSL provisions of Assembly Bill 1867. Approved by the governor on March 19, 2021, SB 95 takes effect immediately. The requirement to provide SPSL applies retroactively to January 1, 2021, and sunsets on September 30, 2021.

Coverage and requirements

SB 95 covers public- and private-sector employers that employ more than 25 employees. It requires covered employers to provide up to 80 hours of paid sick leave to qualifying employeeswho are unable to work or telework because of specified reasons related to COVID-19. Employees can make their request orally or in writing.

The Act doesn’t require employees to exhaust other paid or unpaid leave before using SPSL, although there are exceptions. For instance, if an employee is excluded from work because of a COVID-19 workplace exposure, the employer may require her to exhaust SPSL before providing “exclusion pay,” as required by the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards.

Qualifying reasons for SPSL

SB 95 covers employees who are unable to work or telework because of any of these seven qualifying reasons: