California SB-95

SB 95 COVID-19 Supplemental Paid Sick Leave

Building on the state’s action to expand paid sick days protections for California’s workforce during the pandemic, Governor Gavin Newsom signed on March 19, 2021, SB 95, legislation to ensure access to up to 80 hours of COVID-19 supplemental paid sick leave for eligible employees, including those advised to quarantine or isolate and those caring for COVID-impacted family members.

SB 95 extends protections through September 30, 2021, and is retroactive to sick leave taken beginning January 1, 2021. Small businesses employing 25 or fewer workers are exempt from the legislation, but may offer supplemental paid sick leave and, if eligible, receive a federal tax credit.

Covered Employers and Employees

Employers with 25 or more employees.
Employees who are not able to work or telework for any of the reasons detailed in the legislation qualify for the paid leave.
There is no length of service requirement for the leave entitlement provided under the new law.

Reasons for Leave

Employees are entitled to leave for the following reasons:
The employee is subject to a quarantine or isolation period related to COVID-19.
The employee has been advised by a health care provider to self-quarantine
due to concerns related to COVID-19.
The employee is attending an appointment to receive a vaccine for
protection against COVID-19.
The employee is experiencing symptoms related to a COVID-19 vaccine that
prevents the employee from being able to work or telework.
The employee is experiencing symptoms related to COVID-19 and seeking
medical diagnosis.
The employee is caring for a family member who is subject to a quarantine
or isolation order or has been advised to self-quarantine.
The employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

Amount of Leave

Full-time employees are entitled to 80 hours of COVID-19 supplemental paid
sick leave.
Full time is defined as either an employee who is classified as full-time by
the employer or who was scheduled to work, on average, 40 hours or more
per week in the two weeks preceding the date on which leave is taken.
If an employee is not classified as full time, the employee's schedule and length of employment will determine the amount of their leave entitlement as follows:

Rate of Pay

The employee’s regular rate of pay for the workweek in which the employee
uses the leave.
A formula dividing the covered employee's total wages (not including
overtime) by the employee's total hours worked in the full pay period for the prior 90 days of employment.
The state minimum wage.
The local minimum wage to which the employee is entitled.
For exempt employees, the leave will be paid at the rate that the employer
calculates wages for other forms of paid leave time. The amount paid for
supplemental paid sick leave is capped at $511 per day and $5,110 in
aggregate.

Notice Requirement

Notice to Employees
Labor Commissioner’s office will release a model notice within seven days of the passing of the bill.
Employers will also need to provide employees (other than home healthcare providers) with written notice of available leave balances