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January 27, 2022

Updated California COVID-19 Resources and COVID-10 Paid Sick Leave Deal Reached

The California Department of Industrial Relations has published updated COVID-19 resources to assist employers in complying with California Division of Occupational Health and Safety (Cal/OSHA) Emergency Temporary Standards (ETS) regulations:

California Extends and Expands COVID-19 Paid Sick Leave

COVID-19 paid sick leave is expected to return to California when Governor Newsom signs the upcoming budget proposal, under a deal reached by the governor and leaders of each chamber of the legislator. 

According to details released about the tentative agreement, the new supplemental paid sick leave law would expire on September 30, 2022, and would be retroactive to January 1, 2022. In addition, the law would:

  • Apply to businesses with 26 or more employees.
  • Require qualified employers to provide up to 40 hours of paid sick leave for full-time workers who are sick or caring for family members who are sick due to COVID-19.
  • After 40 hours, employees showing proof of a positive COVID-19 test would qualify for an additional 40 hours of paid sick leave (80 hours total).
  • Provide part-time employees COVID-19 paid sick leave equal to the number of hours typically worked in a workweek.
  • Provide part-time workers showing proof of a positive COVID-19 test paid sick leave at twice the number of hours typically worked in a workweek (presumably capped at 80 hours). 
  • Restore business tax credits to offset the employer’s paid sick leave expenses.

Although not yet effective (and subject to modification), employers should look ahead and begin planning for a quick implementation of additional paid sick leave benefits as the proposed legislation will likely be fast-tracked to the Governor’s office for signature.