Question 1

What time period does 2022 COVID-19 Supplemental Paid Sick Leave Cover?

Accepted Answer

January 1, 2022 through September 30, 2022. Although the law was signed on February 9, 2022, the requirement for an employer to provide 2022 COVID-19 Supplemental Paid Sick Leave does not start until February 19, 2022.  Beginning on February 19, 2022 the requirement to provide 2022 COVID-19 Supplemental Paid Sick Leave is retroactive to January 1, 2022, which means that covered employees who took qualifying leave between January 1, 2022 and February 19, 2022, can request payment for that leave if it was not paid by the employer in the amount that is required under this law.

The requirement to provide 2022 COVID-19 Supplemental Paid Sick Leave will end on September 30, 2022.  If the law expires while a covered employee is taking this leave, the employee can finish taking the amount of 2022 COVID-19 Supplemental Paid Sick Leave they are entitled to receive.

Question 2

When must an employer begin paying COVID-19 Supplemental Paid Sick Leave to covered employees?

Accepted Answer

Employers have a 10-day grace period after the signing of the law to begin providing 2022 COVID-19 Supplemental Paid Sick Leave.  This means that employers are required to provide this leave beginning on February 19, 2022.
Starting on February 19, 2022, when employers must begin providing 2022 COVID-19 Supplemental Paid Sick Leave, the requirement to provide this leave is retroactive to January 1, 2022.  This means that covered employees who took qualifying leave between January 1, 2022 and February 19, 2022, can request payment for that leave if it was not paid by the employer in the amount that is required under this law.

For 2022 COVID-19 Supplemental Paid Sick Leave taken by a covered employee on or after February 19, 2022, the employer must provide payment by the payday for the next regular payroll period after the sick leave was taken.

Question 3

When does an employer have to make the 2022 COVID-19 Supplemental Paid Sick Leave available to a covered employee?

Accepted Answer

Immediately upon the oral or written request of the covered employee to the employer. Payment may be conditioned upon proof in certain circumstances.

Question 4

How does a covered employee request “retroactive” 2022 COVID-19 Supplemental Paid Sick Leave for leave taken between January 1, 2022 and February 19, 2022?

Accepted Answer

If the covered employee took leave between January 1, 2022 and February 19, 2022, for qualifying reasons under this new law , but was not paid for this leave in the amount required under this law, then the covered employee has the right to ask the employer for a “retroactive” payment equal to the amount required.

The requirement to provide “retroactive” 2022 COVID-19 Supplemental Paid Sick Leave does not start until February 19, 2022. This “retroactive” payment is only required if the covered employee makes an oral or written request to be paid for leave that qualifies (as described above).

For example, if a covered employee had to take two hours off for a vaccine appointment on January 15, 2022, the employee can make an oral or written request to the employer to be paid for that time off in January, because it is a qualifying reason for taking 2022 COVID-19 Supplemental Paid Sick Leave.  The oral or written request must be made on or after February 19, 2022. A request made before February 19 does not count.  If an employee is unable to make the request themselves or has difficulty locating an employer to provide proper notice, they may contact the Labor Commissioner’s Office, which may be able to provide assistance.

After the employee makes the request, the employer will have until the payday for the next full pay period to pay the “retroactive” 2022 COVID-19 Supplemental Paid Sick Leave. On that payday, the employer must also provide accurate notice on the itemized wage statement of how many 2022 COVID-19 Supplemental Paid Sick leave hours have been used by the covered employee.

Question 5

Which employers are covered by the new 2022 COVID-19 Supplemental Paid Sick Leave law?

Accepted Answer

All employers, public or private, with 26 or more employees are covered, including those with collective bargaining agreements.

Question 6

Which employees are covered by this new law?

Accepted Answer

Covered employees are those who cannot work or telework due to the reasons listed below in FAQ 4.  Under the 2022 COVID-19 Supplemental Paid Sick Leave law, covered employees are entitled to paid sick leave that is in addition to leave that was provided under previous laws which expired on September 30, 2021. See FAQ 35 for more information on these other laws (the federal Families First Coronavirus Response Act and the 2020 and 2021 COVID‑19 Supplemental Paid Sick Leave laws).

Question 7

Does COVID-19 Supplemental Paid Sick Leave apply to independent contractors?

Accepted Answer

No. Similar to 2021 COVID-19 Supplemental Paid Sick Leave, 2022 COVID‑19 Supplemental Paid Sick Leave does not apply to independent contractors. However, any worker who has been misclassified as an independent contractor but is in fact an employee, and otherwise qualifies under the new law, is entitled to 2022 COVID‑19 Supplemental Paid Sick Leave.

Question 8

What are the circumstances that allow a covered employee to take 2022 COVID-19 Supplemental Paid Sick Leave?

Accepted Answer

2022 COVID-19 Supplemental Paid Sick Leave provides for two separate banks of leave, each of up to 40 hours.
The first bank of COVID-19 Supplemental Paid Sick Leave, up to 40 hours, is available to covered employees unable to work or telework due to any one of the following reasons:
Caring for Yourself:  The covered employee is subject to a quarantine or isolation period related to COVID-19 (see note below), or has been advised by a healthcare provider to quarantine due to COVID-19, or is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
Caring for a Family Member: The covered employee is caring for a family member who is either subject to a quarantine or isolation period related to COVID-19 (see note below) or has been advised by a healthcare provider to quarantine due to COVID-19, or the employee is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.  See FAQ 6 for the definition of family member and child.
Vaccine-Related: The covered employee or a qualifying family member is attending a vaccine appointment or cannot work or telework due to vaccine-related side effects.
NOTE: The quarantine or isolation period related to COVID-19 is the period defined by an order or guidance of the California Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer with jurisdiction over the workplace.

The second bank of COVID-19 Supplemental Paid Sick Leave, up to 40 hours, is available only if an employee or a family member for whom they are providing care tested positive for COVID-19.

As detailed below in FAQs 15-16, covered employees can receive up to 40 hours of each type of leave, for a potential total of up to 80 hours.

Question 9

How are “family member” and “child” defined under 2022 COVID-19 Supplemental Paid Sick Leave?

Accepted Answer

Like 2021 COVID-19 Supplemental Paid Sick Leave, a family member includes a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.

A child can include a biological, adopted, or foster child, a step-child, legal ward, or child to whom the employee stands in loco parentis.

A parent includes a biological, adoptive, or foster parent, step-parent, or legal guardian of the employee or the employee’s spouse or registered domestic partner or person who stood in loco parentis when the employee was a minor child.

Question 10

Is a covered employee eligible for 2022 COVID-19 Supplemental Paid Sick Leave if someone with whom the covered employee lives is exposed, experiences symptoms, or is diagnosed with COVID-19?

Accepted Answer

A covered employee is eligible for COVID-19 Supplemental Paid Sick Leave if the employee is caring for a family member whom a medical professional has recommended to stay home due to COVID-19; or caring for a family member who is subject to a COVID-19 related quarantine or isolation period as defined by an order or guidance of the California Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer with jurisdiction over the family member’s workplace; or if the employee themselves is subject to such an order due to COVID-19 exposure.

Question 11

Can an employer require documentation if an employee is requesting retroactive pay for the 2022 COVID-19 Supplemental Paid Sick Leave that is available only if the employee or qualifying family member was positive for COVID-19?

Accepted Answer

Yes, if the employee is requesting retroactive pay for leave that is available only if the employee or qualifying family member was positive for COVID-19, an employer may request documentation. This documentation could include, among other things, a medical record of the test result, an e-mail or text from the testing company with the results, a picture of the test result, or a contemporaneous text or e-mail from the employee to the employer stating that the employee or a qualifying family member tested positive for COVID-19.