As the California legislative period comes to an end, employers need to know about one that takes immediate effect. AB 152 extends the usage of Supplemental Paid Sick Leave (SPSL) from September 30, 2022 to December 31, 2022. Employees are eligible to take SPSL if they are unable to work or telework due to a COVID-19 related reason. There are also some high points for employers included. What do employers need to know now?
SPSL is now extended until the end of the year. This does mean employees get a new bank of time. If an employee has exhausted all of their time, they will remain at a zero balance. If an employee has all of their time remaining, then that amount stays intact.
Full time employees are eligible for up to 80 hours of paid time. Part time employees with a set/predictable schedule should receive a balance equal to the number of hours they would normally work in a two-week period. Reach out to the consulting team for guidance on calculating variable hour employee balances.
One change under AB 152 includes an employer’s ability to require proof of a positive test. Under AB 152, an employer who requires proof of a positive test can require a second diagnostic test be completed within 24 hours of the initial test. If an employee refuses to take the second test, you may be able to deny the usage of SPSL.
Relief grant
Small business employers may qualify to receive reimbursement for SPSL costs if certain requirements are met. The bill states a qualified employer is:
A “C” corporation, “S” corporation, cooperative, limited liability company, partnership, or limited partnership or a registered 501(c)(3), 501(c)(6), or 501(c)(19)
Began operating before June 1, 2021
Is currently active and operating
Has 26 to 49 employees and provides payroll data and an affidavit, signed under penalty of perjury, attesting to that fact
Has provided COVID-19 Supplemental Paid Sick Leave pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code.
Provides organizing documents
Certain exemptions may apply and can be found in the bill text. Reach out to us with questions.
Important note, Governor Newsom was busy this week. We are busy digesting the final bills and additional updates will follow!