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  • California Governor Immediately Expands Supplemental COVID-19 Paid Sick Leave

     JAMES W. WARD  SEPTEMBER 11, 2020 299


    On September 9, 2020, Governor Newsom signed AB 1867, a bill that immediately expands supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by existing leaves.

    Early in the pandemic, there was talk of creating more COVID-19-related paid leave requirements to fill the “gaps” left by the Families First Coronavirus Response Act (FFCRA), the federal law that requires COVID-19-related paid sick leave for employers with fewer than 500 employees. Initially, the Governor took executive action, creating supplemental paid sick leave for food sector workers with Executive Order N-51-20. Now, AB 1867 will codify the Executive Order but also expand COVID-19-related paid sick leave far beyond the food sector. Here is a brief summary of the new law’s requirements.

    Covered Employers

    In addition to food sector employers covered by Executive Order N-51-20, AB 1867 broadly expands the leave coverage, requiring all employers with 500 or more employees in the United States to provide COVID-19 supplemental paid sick leave to their California employees. It also extends those requirements to health care providers and first responders whose employers elected to exclude them from FFCRA leave requirements.  

    Employee Eligibility

    Employees who work for covered employers can take COVID-19 supplemental paid sick leave if the worker is:

    1. Subject to a federal, state or local quarantine or isolation order related to COVID-19.

    2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19.

    3. Prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19.

    Employees are not eligible for supplemental paid sick leave if they work from home.  Read More