What is this new law?
The recent COVID-19 supplemental paid sick leave (“CSPSL”) law was signed into law by Governor Newsom on September 9, 2020 and came into effect on September 19, 2020. It is designed to fill the gaps that the federal law—the Families First Coronavirus Response Act (FFCRA)—left open. The FFCRA did not provide any COVID-related paid sick leave for healthcare workers, emergency responders, or for people who worked at companies with over 500 employees, leaving out approximately 106 million people from getting COVID-19 paid sick leave. Because of this new law, almost all Californians will have COVID-19 related paid sick leave.
COVID-19 Supplemental Paid Sick Leave provides 2 weeks (up to 80 hours) of COVID-19 related paid sick leave for employees who either:
- work for an employer with 500 or more employees; or
- work as a healthcare worker or first responder and they were not covered by the federal FFCRA.
- non-employees who work in the food industry may also be covered, if the company they work for has over 500 employees.
If you work at a large company with more than 500 employees:
Employees who work for employers who have 500 or more employees can receive this leave under California law (Labor Code section 248.1). You are entitled to 100% pay for two weeks (up to 80 hours) if a government agency or health care provider says you should quarantine or isolate, or your employer tells you to stay home due to health concerns related to COVID-19.
If you are Self-employed or a gig worker:
You are not eligible for this leave unless you have been misclassified as an independent contractor and you are actually an employee under the law.
If you are a Health care worker or an emergency responder:
You can receive this leave under California law (Labor Code section 248.1).
Other important notes:
- The right to this leave is effective starting September 19, 2020.
- Use this leave first before using your regular paid sick days.
- Right to use this leave expires on December 31, 2020. However, if the FFCRA is extended, then this leave (COVID-19 Supplemental Paid Sick Leave) will be extended to the same end date as the FFCRA.
- If the law expires while a worker is taking this leave, the worker can finish taking the amount of leave they are entitled to receive.