Governor Newsom signed AB 152 on September 29, extending COVID-19 Supplemental Paid Sick Leave through the end of the year for California workers. This protection was originally set to expire on September 30.

This extension does not come with additional sick leave but instead gives workers access to any of their remaining COVID-19 Supplemental Sick Leave through December 31, 2022.

This extension applies to workers in the public sector as well as those in the private sector.  

The provisions of the previous COVID-19 Supplemental Paid Sick Leave program hold true.

  • All workers of employers with 26 or more employees will get at least 40 hours and up to 80 hours of COVID-19 Supplemental Paid Sick Leave. 
  • SPSL can be used for any of the following circumstances:
    • Experiencing COVID symptoms and seeking a diagnosis.
    • If you or a family member has been advised to quarantine or isolate by a healthcare provider or as part of an order by a local, state, or federal public health officer.
    • Getting vaccinated (including boosters) or accompanying a family member to get vaccinated.
    • Recovering from symptoms after getting vaccinated (including boosters) or caring for a family member who is recovering from getting vaccinated.
    • Caring for a child whose school or daycare is closed or otherwise unavailable due to COVID.
  • Employers are required to provide 40 hours for full-time employees.
  • Employers must provide 40 additional hours if the employee or their family member tests positive for COVID. (This additional leave, though more restrictive, can be used at any time.) 
  • If a worker refuses to show a positive test, no additional sick leave will be granted. An employer must pay for and provide the test. If no test is provided by an employer, the worker gets the additional 40 hours. 
  • Paid leave allowed for recovering from a vaccine or booster can be limited to 24 hours (three days) per shot unless the employee provides a doctor’s note that symptoms are ongoing. This also applies to caring for family members recovering from getting a vaccination or booster.
  • Employers cannot require workers to exhaust this SPSL before getting access to Cal/OSHA COVID-19 leave — “exclusion pay.” (Workers may opt to use Cal/OSHA leave first.)
  • Employers cannot require workers to use their regular sick leave, vacation, or PTO before using SPSL.

The following materials about the 2022 extension of COVID-19 Supplemental Sick Leave are available from the California Department of Industrial Relations. 

Thank you to everyone who helped raise the importance of reinstating Supplemental Paid Sick Leave either through sending a letter, posting on social media, sharing CFTs action alert and other means.

If you have any questions regarding this new law, please email Michael Young.