- The Minnard Law Firm
COVID & SICK LEAVE - UPDATES
If the past year has taught us nothing else, we now know that things can change: rapidly, significantly, and in a global way. One day you're flush with toilet paper (yes, we intended that) and the next you find yourself bidding $6.00 a roll for it on Ebay. On the employment front, the law continues to evolve and emergency/temporary measures instituted to address the challenges presented by COVID-19. For now, employers and employees should be aware of the following regarding sick leave.
PAID SICK LEAVE
California COVID-19 Supplemental Paid Sick Leave 2021
This law extends up to 80 hours of paid sick leave to all employess who work for employers with more than 25 employees. The law is retroactive to January 1, 2021 and will be in effect through September 30, 2021.
California Paid Sick Leave Law
California’s Paid Sick Leave law, which came into effect in 2015, provides for paid time off from your employer that can be used for COVID or non-COVID related illnesses, or preventive care for you or your family member and if you are a victim of domestic violence, sexual assault or stalking. Most workers are entitled to paid sick leave, earning one hour of paid leave for every 30 hours worked. The sick leave that employers are required to provide may be capped at 24 hours or three days per year, whichever is more by a policy communicated to you. To qualify for sick leave, a worker must work for the employer for at least 30 days within a year and complete a 90-day employment period before taking any sick leave. Additional information on how it applies to COVID-19.
Local COVID-19 Supplemental Paid Sick Leave
Certain municipalities also have paid sick leave laws. If workers are subject to a local sick leave ordinance, the employer must comply with both state and local laws, which may differ in some respects. The employer must provide the leave amount that is most generous to the worker. Workers should consult with the relevant local enforcement agency for the locality in which they work for more information.
Make sure you determine what law is current and which currently applies in your area: Alameda, San Francisco, Contra Costa and Santa Clara Counties all have different local emergency orders and rules governing COVID-related sick leave.