On September 9th, California Governor Gavin Newsom signed a law called Assembly Bill 1867, an addition to Labor Code Section 248.1. This establishes supplemental COVID-19 paid sick leave to employees left out of the FFCRA, which only applies to employers with fewer than 500 employees. Several local jurisdictions such as San Francisco, San Jose, and Los Angeles had previously enacted similar laws prior to this state-wide action. The new law came into full effect on September 19th, 2020.
Who Is Eligible?
Employees eligible for the new paid sick leave must be required to leave their home to perform their work and cannot have the option of working remotely. To qualify, an employee must be:
Subject to a federal, state, or local quarantine or isolation order related to COVID-19
Advised by a healthcare provider to self-quarantine or self-isolate due to concerns related to COVID-19
And/or prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19
The supplemental COVID-19 sick leave law covers only those employees not covered by FFCRA.
What Is the Change In Pay?
Full-time employees are now eligible for 80 hours of paid leave, in addition to any other accrued paid sick leave. Part-time employees that work a normal weekly schedule are entitled to the pay of the number of hours the employee is usually scheduled to work over two weeks. For part-time employees with variable schedules, the pay is to be 14 times the average number of hours worked per day over the past 6 months. The amount of supplemental pay is capped at $511 per day and $5,110 total.
Those employing workers covered under the new act must immediately post notice in the workplace. California has provided a poster that was legally required to be made available to employees by September 19th. The amount of available supplemental sick leave must also be printed on employees' wage statements in pay periods following the signing of the law on September 9th.
If you believe your employer is not following these requirements or putting you at risk during COVID19, contact the Law Offices of Tanya Gomerman. Call 415-545-8608 for a free case evaluation.
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