September 8, 2021 — Legislature fails to pass extension
The COVID-19 Supplemental Paid Sick Leave is set to expire on September 30, 2021. CFT, in partnership with other unions, engaged in a long campaign to pass an extension before the end of the legislative session on September 10. However, those efforts were ultimately unsuccessful. The CFT will continue to advocate for the governor’s office to provide administrative relief in the short term and work towards possible legislative solutions with our labor allies next year.
While not as comprehensive as Supplemental Paid Sick Leave, the Cal/OSHA Emergency Temporary Standard still contains provisions that allow “exclusion pay” for workers who are unable to work because they were exposed to COVID-19 at the worksite. Exclusion pay means the employer continues to pay you even if you must be “excluded” from the worksite. Exclusion pay remains in effect until January and will likely be extended through March.
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March 19, 2021 — Original legislation passed
On March 19, 2021, Governor Newsom extended COVID-19 Supplemental Paid Sick Leave to provide California employees with two weeks of paid sick leave when they cannot work for reasons related to COVID-19. To qualify, you must work for an employer with 25 or more employees. This legislation applies to both public and private sector workers.
- SB 95 takes effect on March 29, 2021, and will be applied retroactively to January 1, 2021. It expires on September 30, 2021.
What does Supplemental Paid Sick Leave provide?
COVID-19 Supplemental Paid Sick Leave provides two weeks of fully paid leave, up to $511 per day. These are in addition to California Paid Sick Days and to any paid sick leave taken by a worker in 2020.
However, employers are not required to provide this in addition to paid sick leave under federal or local laws that already meet these requirements. So, if a locality guarantees workers two weeks of such leave, as does Los Angeles County, for example, then that worker is only guaranteed two weeks of leave.
Additionally, if an employer guarantees workers two weeks of such leave then that worker is only guaranteed two weeks of leave. Employers who are already giving this leave—and workers who already have it—do not get an extra two weeks.
How can you use this paid sick leave?
SB 95 provides paid leave if you cannot work or telework because:
- You are subject to a quarantine or isolation order due to COVID-19.
- You were advised by a healthcare provider to quarantine due to concerns related to COVID-19.
- You are attending an appointment to receive a COVID-19 vaccine.
- You are recovering from symptoms of a COVID-19 vaccine.
- You are experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- You are caring for a family member who has COVID-19, or who has been advised to self-quarantine.
- You are caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
When can you take this paid sick leave?
Although it takes effect on March 29, 2021, it applies retroactively to January 1, 2021. If you already took leave in 2021 for COVID-19, you can ask your employer to pay you for the time you were out of work, up to 2 weeks. Your employer should pay you in your next pay period. COVID-19 Supplemental Paid Sick Leave will expire on September 30, 2021.
FOR ADDITIONAL INFORMATION, CONTACT:
Michael Young Legislative Representative
Telephone (916) 696-0563