California Labor Code § 248.2
Who is covered?
- Employers with more than 25 employees
- Employees who are unable to work or telework for reasons related to COVID-19:
- Self-care – The employee is subject to a quarantine or isolation period by an order or guidelines of the state CDPH, federal CDC, or a local health officer, has been advised to self-quarantine by a health care provider, or is experiencing COVID-19 symptoms and seeking a medical diagnosis.
- Family Care – The employee is caring for a family member who is subject to a public health agency/officer quarantine or isolation period, has been advised to self-quarantine by a health care provider, or is caring for a child whose school or place of care is unavailable due to COVID-19.
- Vaccine-related – The employee is attending a COVID-19 vaccination appointment or is experiencing vaccine-related symptoms.
How much leave?
- Full-time employees – 80 hours.
- Part-time employees – the number of hours scheduled to work in a two-week period.
- Variable-hour employees – 14 times the average number of hours worked per day in the last 6 months.
- Full-time firefighters – special rules apply.
How much pay?
- Non-exempt employees must be paid the highest of:
- their regular rate of pay
- the state minimum wage
- the local minimum wage
- their average hourly pay for the preceding 90 days (excluding overtime)
- Exempt employees’ rate of pay is calculated in the same manner as other forms of paid leave time.
When is it effective?
- Employers must begin providing 2021 COVID-19 Supplemental Paid Sick Leave on March 29, 2021.
- Employers must, upon request of an employee, pay the employee for COVID-related leave taken prior to March 29, 2021.
- 2021 COVID-19 Supplemental Paid Sick Leave is effective until Sept. 30, 2021.
Who must post?
Covered employers are required to display the 2021 COVID-19 Supplemental Paid Sick Leave Poster in a conspicuous place in each workplace where employees work. (LC § 248.2(d)).
