California Gov. Gavin Newsom has signed SB 95 legislation

You Have A Right to an Additional 80 Hours of

Emergency Paid Sick Leave for COVID Issues: Vaccinations and Reactions to Them Included!

• California Gov. Gavin Newsom has signed SB 95, legislation reestablishing statewide supplemental paid sick leave for reasons related to COVID-19 and expanding the covered reasons that qualify an employee for the leave.
• The new law, which takes effect on March 29, 2021, is retroactive to Jan. 1, 2021 and sunsets on Sept. 30, 2021.

In a long-forecasted move, on March 18, 2021, the California Legislature passed SB 95, reestablishing supplemental paid sick leave for COVID-19-related reasons. A day later, California Gov. Gavin Newsom signed the law, which takes effect on March 29, 2021. The requires employers with more than 25 employees nationwide to provide up to 80 hours of supplemental paid sick leave to their California employees.

Qualifying Reasons

Under SB 95, employers of more than 25 employees will be required to provide supplemental paid sick leave to employees (bold text indicates additional qualifying reasons):

• If you are in a COVID-19-related quarantine or isolation period per order or guideline of the State Department of Public Health, the Centers for Disease Control and Prevention (CDC) or local health officer who has jurisdiction over the workplace
• If you have been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19
• If you are attending an appointment to receive a COVID-19 vaccine
• If you are experiencing symptoms related to a COVID-19 vaccine that prevent the employee from working or teleworking
• If you are experiencing symptoms of COVID-19 and seeking a medical diagnosis
• If you are caring for a family member who is subject to a COVID-19-related quarantine/isolation order or who has been advised by a healthcare provider to self-quarantine
• If you are caring for a child whose school or place of care is closed or otherwise unavailable due to reasons related to COVID-19 on the premises

Amount of Leave

The amount of supplemental paid sick leave is determined by the employee's status as full-time or part-time employee.

• Full-time employees are entitled to 80 hours of supplemental paid sick leave, including those who work, on average, at least 40 hours per week in the two weeks preceding the date that COVID-19-related leave was needed.
• Part-time employees working a normal weekly schedule are entitled to supplemental paid sick leave in an amount equal to the number of hours scheduled to be worked over two weeks.
• Employees who are F category (LASC), intermittent, or as-needed are entitled to supplemental paid sick leave equal to 14 times the average number of hours worked each day in the six months preceding the date that leave was required.

Maximum Monetary Benefit

Each hour of supplemental paid sick leave must be paid at the employee's regular rate of pay unless an alternate statutory calculation provides for a higher payment. The maximum payable benefit is $511 per day or $5,110 in the aggregate. These monetary caps will automatically increase if the federal government passes a federal supplemental paid sick leave bill that provides for payments at an amount exceeding the benefit payable under the now-expired Families First Coronavirus Response Act.

Setoff for Already-Provided Supplemental Paid Sick Leave

If any courts paid supplemental sick leave benefits for any of the reasons covered under SB 95 between Jan. 1, 2021 and March 29, 2021, they are entitled to count the previously provided paid benefit towards the total benefit required under the new law. For example, a court that provided a full-time employee 40 hours of supplemental paid sick leave in February 2021 pursuant to city or county ordinance can deduct the already-provided 40 hours toward the new 80-hour obligation.

Retroactive Effective Date

Critically, the law is retroactive to Jan. 1, 2021. Therefore, courts should review any requests for unpaid leave of absence between Jan. 1, 2021 and March 29, 2021, to determine whether any such requested leaves of absence were taken for qualifying reasons under SB 95. If so, payment of supplemental paid sick leave will likely be required for the time spent on unpaid leave. 

There is a time limit for retroactive payment. Retroactive payment must be made on or before the payday for the next full pay period after the employee requests, orally or in writing, a retroactive payment for time off for qualifying reasons. Of course, any retroactively paid sick leave would count toward an employee's paid sick leave allotment under SB 95.

This is good news for our members; if you have any questions or need help with any aspect of accessing this additional Emergency Paid Sick Leave under SB95, contact your local steward or board representative for your region. Of course, you may directly call the court administrative department that handles COVID issues, leave requests, and/or human resources.

In solidarity,

CFI Local 39000 TNG-CWA