Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Feb 03, 2022

CALIFORNIA: Lawmakers plan to bring back supplemental PSL

COVID-19Leave Laws 

On January 25, 2022, Governor Gavin Newsom and California legislators announced a plan to bring back Supplemental Paid Sick Leave (SPSL) for employees who are unable to work for reasons related to COVID-19 (coronavirus). As we previously reported, California’s previous law that provided SPSL to employees impacted by COVID-19 expired on September 30, 2021. Currently, Governor Newsom and California lawmakers are planning to retroactively reinstate SPSL from January 1, 2022, through September 30, 2022.

The draft bill, AB 84, was released on February 2, 2022. At this point, many provisions appear to mirror the 2021 SPSL law, with some changes. For instance, the proposed bill would allow employees to take time off to accompany a family member to a vaccine appointment and care for a family member recovering from vaccine symptoms. Another difference is that the proposed bill offers one bucket of up to 40 hours of leave if an employee or family member tests positive, and another bucket of 40 hours of leave for other COVID-19 related reasons. However, further amendments could be made before the bill is finalized.

Tips: When employees ask for time off related to COVID-19, be sure to document the reasons, since you will likely need to go back and retroactively grant SPSL as of January 1, 2022. We will update our members once the final bill is signed into law. We’ll also adapt our Model Policy, 2021 California Supplemental Paid Sick Leave Policy to fit the new law once the provisions are finalized.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.