New California Supplemental Paid Sick Leave

New legislation expanding COVID-19 Related California Supplemental Paid Sick Leave went into effect on March 29, 2021.

What should you know?

1. 1. Senate Bill No. 95 requires California employers with 25 or more employees to provide employees with a brand new bank of supplemental paid sick leave, known as ‘SPSL’ for short.
   2. SPSL covers all reasons related to COVID-19, including employees seeking vaccination appointments or recovering from vaccination side-effects.
   3. The legislation requires employers to provide leave to employees retroactively back to January 1, 2021.
   4. California’s new mandate is unfunded, which places all of the burden on employers. However, employers having fewer than 500 employees may still qualify for federal payroll tax credit under the recently-enacted American Rescue Plan of 2021.
   5. Employers must also post a notice to employees of their SPSL rights.
   6. Each employee’s SPSL balance must also be listed on the employee’s wage statement or a separate writing provided with the employee’s pay.

Since SPSL is enshrined in the Labor Code, violations of SPSL law may be the basis for lawsuits filed under the Private Attorneys General Act of 2004, commonly known as PAGA representative action.

These laws are complex, and this update provides only a brief overview of the major changes. If you would like to know how FLORES can further assist your company, please contact us at (619) 588-2411. FLORES has a dedicated HR & Payroll team, and is committed to assisting our valued clients through these challenging and fast-changing times.