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Writer's pictureKristina Unanyan

Paid Sick Leave in the Era of COVID-19

Updated: Dec 11, 2020

Required to quarantine, self-isolate, or prohibited from working due to COVID-19? What is the new law that can help you?


California’s COVID-19 Related Supplemental Paid Sick Leave

“CSPSL”


CSPSL is a new law requiring employers with 500 or more employees to provide employees with supplemental paid sick leave for leaves pertaining to COVID-19


Effective Dates of CSPSL

September 19, 2020 - December 31, 2020


Who Qualifies for CSPSL?

Employees who are:

  • subject to a federal, state, or local quarantine or isolation order related to COVID-19;

  • advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; and/or

  • prohibited from working by the Company due to health concerns related to the potential transmission of COVID-19

***Remote employees are not covered***

 

How Many Hours of Paid Sick Leave is an Employee Eligible For?

It Depends

Full-Time Employees (or if worked 40 hours per week in the 2 weeks before leave)

  • 80 hours

Part-Time Employees with Regular Schedule

  • May take leave in the amount equal to the average number of hours the employee works in a two-week period

    • i.e. if employee works 25 hours per week, they may take 50 hours of paid sick leave

Part-Time Employees with Irregular Schedule with At Least 6 Months at Company

  • May take leave in the amount equal to 14 times the average number of hours the employee worked per day in the preceding 6 months

    • i.e. if employee averaged 3 hours per day in preceding 6 months, they may take 42 hours of leave

Part-Time Employees with Irregular Schedule With 14 Days to 6 Months at Company

  • May take leave in the amount equal to 14 times the average number of hours per day the employee worked during their entire employment at the company

Part-Time Employees with Less Than 2 Weeks at Company

  • May take leave in the amount equal to the total number of hours they have worked at the company

Active Firefighters (who work more than 80 hours in 2 weeks preceding leave)

  • May take leave in the amount equal to the total number of hours they worked in those preceding 2 weeks

 

How Much Must the Employee Be Paid During CSPSL?

Employees utilizing CSPSL must be paid at an hourly rate equal to the highest of the following:

  • the employee’s regular rate of pay for the last pay period (including amounts pursuant to any applicable collective bargaining agreement);

  • the state minimum wage; or

  • the local minimum wage

Is there a cap on how much an employee may be paid?

  • Yes. Employers are not required to pay more than $511 per day and $5,110 in the aggregate to any employee for CSPSL

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