EMPLOYMENT LAW COVID-19 UPDATE
LABOR COMMISSIONER FAQ & POSTER REQUIREMENTS
March 24, 2021
As we recently reported in our prior newsletter, Governor Newsom signed SB 95 into law on March 19th reviving California’s COVID-19 Supplemental Paid Sick Leave for businesses in the public and private sector with 25 or more employees. Eligible employees are entitled to up to 80 hours of COVID-19 related paid sick leave, retroactive to January 1, 2021 through September 30, 2021. The law becomes effective March 29, 2021.
The California Labor Commissioner’s Office has issued the required notice for covered employers to post and distribute to employees before March 29, 2021, a copy of which can be found here.
The poster can be displayed in the workplace along with all other legally required notices and posters; for employees working remotely, an employer can distribute a copy of the poster electronically to the employee’s work email.
LABOR COMMISSIONER FAQ’S
The Division of Industrial Relations has issued their FAQs to assist employers implement and comply with the SB95 requirement to provide retroactive supplemental paid sick leave. The full FAQ’s can be found here:
The topics covered include:
- Coverage For employers and employees: Questions #1 -3
- Reasons for Taking Leave: Questions # 4- 6
- Start and End Date: Questions #7- 8
- Requesting Leave from an Employer: Questions #9 – 11
- Calculating Leave: Questions #12 – 15
- Credits: Questions # 16 – 19
- Record Keeping: Questions #20- 21
- Enforcement: Questions #22 – 24
- Relation to Other Laws: Questions #25 – 27
What Should I Do Now:
- Post and/or distribute the Notice to employees by March 29, 2021.
- Coordinate with your payroll service to ensure that the Supplemental Paid Sick leave is properly and separately designated on paystubs.
- Anticipate employees requesting their retroactive paid sick leave if they missed work due to a covered reason and establish the methodology for tracking prior absences.
As the guidance issued by the state and federal agencies is regularly changing, as is the medical information known about COVID-19, this memo is provided solely as a reference tool to be used for informational purposes and should not be construed or interpreted as providing legal advice related to any specific case or cases.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2021.