![]() ![]() How Does 2022 Emergency Paid Sick Leave Interact with Cal/OSHA exclusion pay?Įmployers cannot require employees to first exhaust the supplemental paid sick leave before paying exclusion leave required under the Cal/OSHA Emergency Temporary Standards (ETS). Check the DLSE’s website on or after February 16, 2022. The employer should either hand that out or post it in a common area. The law requires that the California Division of Labor Standards Enforcement (DLSE) prepare a notice that employers must post in the workplace within ten days of enactment of the new law. An employer may not require the employee to use any other paid or unpaid time off (including paid time off (PTO) or vacation time) before allowing the employee to use SPSL. The employee may decide how many hours of SPSL to use. This definition is different than the FMLA and CFRA definitions so it is important to pay attention to the distinctions.Īn employer may limit the amount of SPSL an employee uses to get a vaccine or vaccine booster shot and to recover from symptoms to 24 hours unless a health care provider confirms that the employee or family member continues to experience symptoms related to a COVID-19 vaccine or booster shot.Īn employer must make SPSL available for immediate use upon an employee’s oral or written request. The prior law required an employer show how much was available – now the employer must show amount used.Įmployers are obligated to pay up to $511 per day or up to $5,100 in the aggregate.įor purposes of SPSL, “family member” means parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling. The law specifies that the employer shall list “zero hours used” if a worker has not used any COVID-19 supplemental paid sick leave. ![]() The easiest way to do this is the paystub, but the law allows it to be on another writing as well. Similar to regular sick pay requirements, employers are required to disclose to employees how much paid sick leave they have used in each pay period. The total paid sick leave is capped at 80 hours for the period between Januto September 30, 2022. Part-time employees are entitled to a proportional amount based on how many hours they normally work.įull-time employees are entitled to an additional 40 hours of paid leave for a positive test – so long as they show proof and part-time employees are entitled to a proportional amount based on their normal hours (No. (Note: Employers allowed to condition payment of SPSL upon the employee providing a positive test for themselves or the family member they are caring for.)Įmployees are entitled to 40 hours of COVID-19 supplemental paid sick leave for full time employees based on reasons 1 through 7 above. If the employee, or a family member for whom the employee is providing care, tests positive for COVID-19.The employee is caring for a child whose school or place of case is closed or otherwise unavailable for reasons related to COVID-19 on the premises.The employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine. ![]()
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