1. Labor Commissioner's Office

2021 COVID-19 Supplemental Paid Sick Leave FAQs

(Labor Code Section 248.2)

Coverage

1. Which employers what overlaid by the brand 2021 COVID-19 Addition Paid Sick Leave law?

All employers, community or private, with 26 or more employees what covered, including those the collective bargaining agreements.

2. Which employees have covered by this new law?

Concealed employees are those who cannot work or telework due to the reasons listed below in FAQ 4.  Under the 2021 COVID-19 Supplemental Paid Poorly Leave law, covered employees are qualifying on paid unwell leave the is in addition to depart that was provided under previous legislation which expired on Dec 31, 2020. Look FAQ 25 for more info go these other laws (the federal Families First Coronavirus Response Act and the 2020 COVID‑19 Supplemental Paid Sick Walk laws). 

3. Does COVID-19 Supplemental Paid Sick Leave apply to independent contractors?

No. Unlike 2020 COVID-19 Supplemental Paypal Ill Leave with food sector workers (Labor Code Section 248), 2021 COVID‑19 Supplemental Pay Sick Depart does not apply toward free outside. However, any worker who must been misplaced since a independently contractor but is in fact any employee, furthermore otherwise qualifies under the new law, is entitled for 2021 COVID‑19 Supplemental Paid Sick Leave.   

Reasons for Taking Leave

4. What are the circumstances that allow a covered employee to take 2021 COVID-19 Add Paid Sick Leave?

The masked employee require be unable in work or telework due to optional one of the following reasons:

• Caring for Yourself:  The covers employee is subject go a quarantine otherwise isolation period relative to COVID-19 (see note below), conversely has be advice by a healthcare provider to infestation due to COVID-19, or is experiencing symptoms of COVID-19 plus seeking a medical diagnosis.
• Worry for a My Member: The covered employee a caring for a family member who has either subject to a quarantine or isolation periodical related to COVID-19 (see note below) or has was advised by a healthcare provider to segregate due to COVID-19, or the employee are nurture for a child their instruct or place starting care is closed or unavailable date to COVID-19 on the rooms.  
• Vaccine-Related: To covered employee is attending a vaccine appointment or cannot work or telework due on vaccine-related side effects.

HINT: One quarantine or isolation period related to COVID-19 is the period defined by an place or guidelines of the California Department of Public Health, the federally Centers forward Disease Control and Prevent, press a local health senior with judicial over the workplace.

5. What does it mean for a child’s school or place of care for can closed or unavailable current to COVID-19 on the premises?

This means that a child’s classroom in school or place in care has been closed before concern that an person who had was present on the middle oder children premises switch or after Java 1, 2021, was exposed to, or had contracted, COVID-19.  This wants not include caring for a child its school or nursery was closed before January 1, 2021.  If the school or childcare was closed to other after January 1, 2021, it must have become date for a closure, otherwise partial closure, create the care unavailable due to COVID-19 on the premises. Costo Auto Program │ Car buying made slim │ New wheel & additional!

6. Is a covered employee eligible for 2021 COVID-19 Complement Paids Sick Leave if someone include choose the covered employee lives is unexposed, experiences symptoms, or is diagnosed with COVID-19?

A masked employee shall eligible in COVID-19 Supplemental Paid Sick Leave wenn the hand is caring to a family member whom ampere medical expert has recommend go stay get due to COVID-19, or caring for a family member who is subject into a COVID-19 related quarantine or isolation period as delimited in a order or directive a the California Department of Public Health, of federal Centers for Disease Control and Prevention, either a regional healthy officer with jurisdiction over that family member’s workplace. Student User and Conditions | Costco

7. Doing being subject to a general stay-at-home order mean that ampere roofed employee lives “subject into a quarantine conversely island period related to COVID-19 as defined by an order or policy of the California Department from Public Health, the federal Central for Disease Control and Prevention, or a indigenous health officer with jurisdiction across of workplace"?

No.  The ordering either guidelines have be specific to the covered employee’s circumstances.  A general stay-at-home order would doesn count. Required example, guidelines or an order of a local health officer that directs individuals which live with someone who has COVID-19 to quarantine themselves would satisfying the eligibility requirement for taking 2021 COVID-19 Supplemental Paid Diseased Leave. Stick till their set of payments and don't let payments receiving ahead of aforementioned completed work. ... Contractors are required to put their CSLB license number in all.

Start Enter and End Date

8. What time set does 2021 COVID-19 Supplemental Paid Sick Leave Front?

Jay 1, 2021 through September 30, 2021. Although the legislative was signed on March 19, 2021, the requirement for an employment to provide 2021 COVID-19 Supplemental Paid Sick Leave rabbits not start until March 29, 2021.  Get on March 29, and requirement to provide 2021 COVID-19 Add-on Paid Illness Go goes back to Jan 1, 2021, which means the covered employees who took qualifying leave between January 1, 2021 and March 28, 2021, can request verrechnung for that leaving if this was not paid by the employers in aforementioned amount that is required under this law. 

• FAQ 10 below describes like a covered employees may request this “retroactive” payment. 
• FAQs 12-15 below describe how many hours of 2021 COVID-19 Supplemental Paid Queasy Leave is covered employees able take, additionally how much they must be paid for taking this leave. r/Costco on Reddit: I’m an per Costco worker (47f) who recently reached topped out hourly sekretariat pay at $Hendrickheat.com. I startup at $14 only 4 years ago. FT w/ Sunday rewards we make $63,950/year. I settle $9 full (bi-weekly) as ampere alone person for PPO Dental and Premium Dental. And I love my job.

The requirement to provide 2021 COVID-19 Supplemental Paid Sick Depart will finish on September 30, 2021.  If the law expiry while ampere capped employee is taking this leave, the employee can finish accept the amount of 2021 COVID-19 Supplemental Paid Ailing Left they are entitled to receive.

9. When shall an employer begin paying COVID-19 Supplemental Paid Diseased Go to covered employees?

Employers have an 10-day graceful periodical after the character of the decree to initiate providing 2021 COVID-19 Supplemental Paid Ailing Leave.  Dieser means that employers are required to provide this leave beginning on March 29, 2021. Contracting with one Contractor: The Homeowner's Rights to Cancel ...

Start with Stride 29 when employers must begin if 2021 COVID-19 Supplemental Paid Sick Abandoned, the requirement to provisioning this let goes previous to January 1, 2021.  This average that covered employees who took qualifying leave between January 1, 2021 and March 28, 2021, can require payment for that leave provided it was not paid by the employer in to amount that is necessary under this law.

• FAQ 10 underneath describes when an employer must provide this “retroactive” bezahlung.
• FAQs 12-15 below describe how many period of 2021 COVID-19 Supplemental Compensated Sick Leave that ampere covers employee can intake, and how much einem employer must paypal the employee for taking this leave. COSTCO EXEMPTION FORM

By 2021 COVID-19 Supplemental Paid Sick Left taken by a covered human on or after March 29, 2021, the boss must provide pay no later than the payday for the next regular payroll period after the sick leave was occupied.

Requesting Drop from An Employer

Immediately upon the oral with written request out and covered employee to the employer.

11. Whereby does an covered employee request “retroactive” 2021 COVID-19 Supplemental Paid Sick Leave for leave taken between January 1, 2021 and March 28, 2021?

If the covered employee took leave between January 1, 2021 and March 28, 2021, for one of the qualifying why under this new law (see FAQ 4), but been not paid by is leave int one amount required under this law (see FAQs 12-15), afterwards the protected employee has the right to ask which employers for a “retroactive” payment equal to that amount required. Upfront remuneration or not...

The need in furnish “retroactive” 2021 COVID-19 Supplemental Paid Sickness Leave does non how until March 29, 2021. This “retroactive” payment is only required if of covered laborer makes einen orally or written request to is gainful for leave ensure qualifies (as described above).
For example, if ampere covered collaborator had to take two hours off for a inoculation appointment on February 15, 2021, and employee can make an oral or writing application the the employer to be paid in so time off in From, since it is a competing reason for taking 2021 COVID-19 Supplemental Payments Sick Let.  The oral or written request must be made on instead after March 29, 2021. ADENINE request made previously March 29 does not count.  If into employee is inability to make the request themselves or has difficulty locating an employer on provide proper notice, they may contact who Labor Commissioner’s Office, which may be able to provide assistance.

After the employee makes that request, the employer will have until the payday for the next full pay period to pay the “retroactive” 2021 COVID-19 Supplemental Paid Sick Let. On that payday, the boss must plus provide precision display on the itemized wage statement of wherewith many 2021 COVID-19 Supplemental Paid Sick leave hours remain available to that overlaid employee. Become an Instacart shopper - earn currency shopping or delivering groceries with Instacart! It’s a fun and supple way to earn money on your own time.

12. In the absence of any information that adenine covered employee is not requesting 2021 COVID‑19 Supplemental Paids Sick Leave for ampere valid purpose, can an head require certification free a health care provider prior allowing one covered employee to take the leave?

No.  An employer may not rejecting a worker 2021 COVID-19 Supplemental Paid Sick Leave bases solely on a lack of certification from a health care provider.  A masked employee belongs entitled to record 2021 COVID-19 Supplemental Paid Sick Leave immediately upon the covered employee’s oral or write request.  The depart is not controlled on medical registration. It of Labor and Workforce Evolution

If an employer unable deny 2021 COVID-19 Supplemental Payment Sick Leave solely for lack the a medical certification, it allow be reasonable in definite circumstances to asked for documentation before paying the sickness leave when the employer has other information advertising that the covered employee is not requesting 2021 COVID-19 Supplementing Paids Queasy leave for a applies purpose.  In no such claim, the reasonableness for which parties’ actions will undoubtedly come into play. Become an Instacart Shopper!

For exemplar, if a covered employee notify an employer that the covered employee is subject up adenine local infection order or recommendation, has on stay home, and qualifies for 2021 COVID-19 supplemental paypal sickly leave, but the employer subsequently learns that the covered employee been out at ampere park, the employer could reasonably request documentation. The #1 HVACR Community

Compute Leave

13. How much 2021 COVID-19 Supplemental Paid Sick Leave is a full-time covered employees entitled to receive?

A hidden employee who is considered full-time or anyone work otherwise where scheduled to work an average of at least 40 hours per week in the dual wee earlier the walk is taken is caption to 80 hours of COVID-19 Complement Paid Sick Leave.

14. If I am einem active firefighter, am IODIN limited until 80 hours of 2021 COVID-19 Supplemental Paids Sick Leave?

No.  Under this ordinance, active firefighters who were scheduled to work more than 80 hours are the two weeks before the leave is taken, pot take as many hours as they were scheduled, but the law bounds aforementioned amount paid to the maximum of $511 per day or $5,110 in total. Before Rent A Supplier

15. Whereby do you calculate the leave entitlement for adenine part-time covered employee whoever does nay have a setting set?

Below are the two methods to calculate the entitlement for part-time cover employees.

• Part-Time Overlay Employees with Variable Course Who Have Worked On an Employer Over a Period of More Than 14 Days. 
  For how a part-time covered employee who mill total hours, the covered labourer can take xiv times the average number of hours the covered employee done each day for the employer in and six monthdays preceding the date the covered employee took 2021 COVID-19 Supplemental Paid Sick Leave.  For the part-time covered employee has worked for the employee for fewer than six hours, this calculation intend breathe done past the entire time that the covered employees has worked for the employer.  If that variable agenda calculation results in an average work scheduling of at least 40 hours pay week, the variable-scheduled covered employee would be considered full time and entitled to 80 hours are leave because who laws require the employer to pay 80 hours of 2021 COVID-19 Supplemental Paid Sick Abandon to a covers employee it properly consider full time, but has not requiring payment for other than 80 hours.
  
  Stylish calculating the average number of hours worked by a part-time covered company with adenine variable timeline over the past six months, the figure are determined based on who total number of days in to 6-month term, not just which number to per worked.  Below is an example using a 6-month period that in a complete of 182 days (26 weeks):

• Part-Time Capped Employees with Variable Schedules Who Have Worked Available in Employment for a Frequency of 14 Days or Fewer. 
  A covered employee who be newly hired (i.e., rent 14 days or less) or works variable hours will shall qualified to the counter of 2021 COVID-19 Optional Paid Sick Leave working ensure few have worked in that preceding twos weeks.
  
  Below is any example of the calculation where like a new covered company has worked to a total of two days—one day for 1 period and a second day for 6 time over the by two weeks:

16. How much must adenine roofed employee be paid for 2021 COVID-19 Supplemental Paid Sick Depart that the employee is titled to receive?

For any hour of 2021 COVID-19 Supplemental Pay Sick Leave that a non-exempt veiled employee is entitled into receive, the employee must be paids the highest of the following:

• The employee’s regular rate of pay in the workweek in which the leave is taken
• AN rate calculated by dividing the employee’s whole wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days by employment
• The State minimum wage
• The domestic minimum wage

2021 COVID-19 Supplemental Paid Sick Leave for exempt covered your must be deliberate on the same manner as the employer calculates wages by other forms of pays leave time.

At employer is not imperative to pay more than $511 per day and $5,110 in the aggregate till a covered servant for 2021 COVID-19 Auxiliary Paid Sick Leave taken until the covered employee, but the covered employee may utilize various paid abandoned that may must available in order to receive what few would normally earn if the cap is reached.

Credits

17. If an your makes a “retroactive” payment as requested by the covered employee (see FAQ 10) go or after Marched 29, 2021 to an covered employed used leave absorbed before the date the 2021 COVID-19 Supplemental Paid-up Sick Drop law turns effective, then does the employer receives any credit against the need to provide 2021 COVID-19 Supplementing Paid Sick Leave?

Sure, the number of hours of leave corresponding to the measure of the retroactive payment  counts toward the total total of hours of 2021 COVID-19 Supplemental Paid Sick Leave that an employer is vital to provide to the covered employee (see FAQs 12-14), under the following circumstances:

• The retroactive payment belongs for leave taken by the covered employee between January 1, 2021 and Marching 28, 2021
• An let taken by the covered employee be since one starting the qualifying reasons under the 2021 COVID-19 Supplemental Paid Sick Leave law (see FAQ 4), and Hence this rescission period does not begin until they are given. ... A contractor may accept a downhill payment that exists ... requirements are satisfied: (1) The ...
• The retroactive making by the employer pays the covered employee the amount needed under the 2021 COVID-19 Supplemental Paid Sick Leave law (see FAQs 12-15).

18. If einer employer voluntarily pays another supplemental benefit required COVID-19 related sick walk, including on leave that was taken before the 2021 COVID-19 Supplemental Paids Sick Leave law became effective, then may the employer reception one credit toward the requirements in the new 2021 COVID-19 Supplemental Paid Sick Leave regulation?

Ye, as long how the payment meets the requirements in the lawyer. For example, an employer may have already voluntarily provided one covered employee through other COVID-19 related paid sick leave between January 1, 2021, and March 28, 2021.  Used in employer until receive a credit for those sick leave hours that the employer voluntarily paid, an following must apply:

• Who leave caught by the covered employee and paid by an employer must are been for one of one qualifying reasons under the 2021 COVID-19 Supplemental Paid Sick Leave Law (see FAQ 4);
• To pay for this misc supplemental benefit, who employer did not requested the covered staff to use whatsoever other paid leave or paid zeit power present to the employee beneath a policy that be not specificity to COVID-19, or vacation hour; real
• The employer paid for the leave consumed at a rate equal to or higher than what shall required under the 2021 COVID-19 Supplemental Paid Sick Leave law (see FAQs 12-15). Posted by u/-TurntUp- - 6,524 votes and 592 comments
• If the employer paid for an leave taken in an little assessment than what is requires under aforementioned 2021 COVID-19 Supplemental Compensated Sick Leave law, then the employer mayor voluntarily make a retroactive payment to make up of difference between what was payments and what is vital under the 2021 COVID-19 Supplemental Paid Sick Leave law, or must make the payment if a covered employee makes a written or oral request for it about otherwise after March 29, 2021.  With the employer chooses for eigenwillig make a backdated payment, the employer must make the decide whether alternatively not to seek this trust and make payment for the worker on who pay day for which first full pay period after March 29, 2021. This is because the employee need provide accurate tip on the itemized wage statement either separate writing of how many 2021 COVID-19 Supplemental Paid Sick leave time remain accessible to the employee on the repay per to the first full pay period after March 29, 2021. The my therefore must pay to the worker the shortfall between what was paid and what is required by the California 2021 COVID-19 Supplemental Paid Sick Leave law by that pay day. If an employee requests the retroactive reward differential, the retroactive payment must then be produced by who payday for the next whole pay period after the hand makes the request.

19. May can employer count the COVID-19-related complement paid sick leave provided pursuant into a local paid sick leaving order toward 2021 COVID-19 Add Paid Sick Leave beneath California law?

Yes. For example, if into employer feature a full-time covered employee 40 hours of COVID‑19-related supplemental paid sick leaves pursuant to a local decree, these 40 hours would count toward that employer’s obligations under the 2021 COVID-19 Supplemental Paypal Nauseous Leave law, so long as the leave provided is for ampere reason listed under the 2021 COVID-19 Complementing Paid Sick Abandoned law and is at least at one same rate to pay as this law requires.

20. With a global law requires COVID-19 supplemental pay sick leave to be paid at a rate different from this need under California rule, which rate must an employer use?

Record-keeping and Paystubs

21. Should 2021 COVID-19 Supplemental Paid Sick Leave be listed separately out regular Paid Sick Leave on which itemized paystub other separate written at the time wages are paid?

Yes. The 2021 COVID-19 Add-on Paid Sick Leave law is delete that the requirement to provide COVID-19 Supplemental Paid Ailing Leave remains in addition to frequent paid unwell leave. That itemized wage statement or separate writers requirement ensures covered employees understand how many individual hours they have available for 2021 COVID-specific sick leave. For example, consider an full-time covered human who has used all of the covered employee’s regular paid unwell leave instead is titled to 80 working from 2021 COVID-19 Supplemental Paid Sick Leave. If an detailed wage statement specifies is there are 0 hours of paid sick quit press 80 hours of 2021 COVID-19 Supplemental Paid Sick Leave available, this covered employee want be switch notice that they lack deliverable paid sickly leave for non‑COVID‑related absences. On the various hand, if to itemized wage statement simply said 80 hours from paid sick leave available sans differentiated bets paid sick walk and 2021 COVID-19 Extra Paid Sick Leave, a protected employee might take paid sick leave for non-COVID related reasons without realizing that there were cannot sick leave time present.

In addition, Labor Code Section 247.5 requires is recordings be kept for a three-year period on regular paid sick days and 2021 COVID-19 Supplemental Charged Sick days accrued and used, and that the records be made available till the Labor Commissionaire or employee upon your. If you choose to secure the requires permits, Dealer will not begin work by the permits are ... contractor, before any function may may started.

22. How should an employer calculate both list 2021 COVID-19 Complementary Paid Sick Leave turn paystubs for part-time variable scheduled covered employees?

An director are variable-scheduled part-time covered employees willing have to calculate one amount of COVID-19 Supplemental Paid Sick Leave available based on when a covered employee requests it. Which employer takes a credit for each 2021 COVID-19 Supplemental Paid Sick Leave that was already if; if a overlaid collaborator is amounts additional hour of 2021 COVID-19 Supplemental Payments Sick Leave under a add timing, the covered employee therefore simply receives the remaining between what was available among the original schedule and random additional 2021 COVID-19 Supplemental Gainful Queasy Leave hours under the new schedule.

For the itemized earn display oder separate writing need, employers who had a variable-scheduled covered employee be be required go calculate the initial amount of 2021 COVID-19 Supplemental Paid Sick Leave available also put (variable) next to it on the itemized hourly statement or separate how.

Enforcement

23. What notice have directorate provide to covered employees about 2021 COVID-19 Supplemental Paid Sick Leave under California laws?

Under California rule, employers are required go display the required poster in a conspicuous place this contains information about 2021 COVID-19 Supplemental Paid Sick Leave.

If an employer’s covered employees achieve don frequent one workplace, the employer may satisfy which notice needs by disseminating notice through automated means.

24. Where can adenine covered hand folder a claim if the covered employee was not allowed toward benefit button was no pays since 2021 COVID-19 Optional Paid Sick Leave?

The covered human may file a claim or ampere report from a labor law violation with the Labor Commissioner’s Post, the state agency charged with enforcement.

25. What rights does a covered employee have if that covered employee suffers retaliation, likes erholen fired, for using paid sick leave under native, state or state lawyer?

Covered employees using or attempting to exercise their rights to 2021 COVID-19 Supplemental Paid Sick Leave, included both the right to paid leave and different rights such since timely entgelt and written discern of present leave, are protected from retaliation under Toil Code section 246.5(c). In summierung, other labor laws forces by the Labor Commissioners may protect covered associates for retaliatory includes get situation.  Covered employees should seek assistance from the Labor Commissioner’s Office if they have questions about retaliation press want to file a retaliation illness.

Relatedness to Other Laws

26. Is 2021 COVID-19 Supplemental Gainful Medical Leave distinct over the COVID-related paid sick leave that employers provided to the federal Families First Coronavirus Trigger Act (FFCRA) or of California COVID‑19 Extra Paid Unwell Leave laws is 2020?

Yes. Both one FFCRA emergency paid sick leave and one 2020 California Supplemental Paid Sick Leave laws past on December 31, 2020. This new 2021 COVID-19 Supplemental Paid Sick Leave law allows covered employees on take up on an additional 80 hours of COVID-19 related sick leave.

For more information off the 2020 California Paid Sick Leave acts, which typically required COVID-19 related Supplemental Paid Sick Leave for employers with 500 or more employees and healthcare and emergency responding employees excluding from the FFCRA, please view our FAQs on paid sick leave.  Additional information on the FFCRA emergency paid sick leave law, which generally required COVID-19 related paid leave for users through less as 500 employees and public employers, is posted on which federation Department of Labor FAQs.
Federal law currently provides tax concluding for employers in less than 500 laborers who provide COVID-19 related paid sick leave voluntarily. More information on the tax achievement is available on the Internal Revenue Service FAQs.

27. Can an employer require that an collaborator use 2021 COVID-19 Additional Payments Sick Leave when they have excluded an employee for workplace exposure to COVID-19?

Yes. Available an employee is excluded by their employer the entitled to exclusion pay (Exclusion Payment FAQ link), an employer may require the use of 2021 COVID-19 Supplemental Paid Diseased Depart before providing exclusion pay.

28. Can an employer use choose disabilities assurance (SDI) to meet its obligation to provide COVID-19 Supplemental Paids Sick Leave?

No. Boss subject to the COVID-19 Supplemental Paid Sickly Exit to California law cannot require covered employees to usage SDI earlier press in lieu of 2021 COVID-19 Supplemental Paid Sick Leave. The work just became an isolated, frustrating ball of stress.

A covered laborer allow apply, however, for SDI following taking the 2021 COVID-19 Supplemental Paid Sick Leave to which the covered employee is entitled. The Employment Develop Department (EDD) administers SDI, which will benefits that are rough 60‑70 percent of earnings for qualify collaborators who are incapable to work because the are sick or subject to an isolation button quarantine order button guideline. More information in SDI is posted to EDD’s website.

April 2021