California has enacted a new law that requires supplemental paid sick leave statewide for workers for COVID-19-related purposes, effective Sept. 19, 2020.
Under the law, employers must provide leave to individuals who were exempted from emergency paid sick leave under the federal Families First Coronavirus Response Act (FFCRA).
Covered Workers
Workers are eligible for paid leave under California’s new law if:
- Their employer has 500 or more employees in the United States; or
- The worker is a health care provider or emergency responder whose employer elected to exclude those workers from the FFCRA’s emergency paid sick leave requirements.
In addition, the individual must be unable to work because:
- He or she is subject to a federal, state or local quarantine or isolation order related to COVID-19;
- A health care provider has advised him or her to self-quarantine or self-isolate due to concerns related to COVID-19; or
- The employer has prohibited him or her from working due to health concerns related to potential transmission of COVID-19.
Individuals who do not leave their residence to work for their employer are not eligible. Certain food sector workers covered by a separate leave requirement are also exempt.
Amount of Leave
The new law allows full-time workers to receive up to 80 hours of paid leave. Part-time workers may receive benefits equal to the total number of hours they are normally scheduled to work over two weeks.
Eligible full-time workers are entitled to up to 80 hours of paid leave under the new law.
Highlights
Paid Leave For COVID-19
A new law requires California employers to provide paid leave for COVID-19-related reasons to workers who do not qualify for similar benefits under the FFCRA.
Exemptions Apply
Leave under the new mandate is not available to individuals who do not work outside their own homes or certain food sector workers who are covered by a separate state leave requirement.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2020 Zywave, Inc. All rights reserved.