Just in case you haven’t seen the latest California and Federal Labor Law Poster about the California 2021 COVID-19 Supplemental Paid Sick Leave, starting this Monday, March 29, 2021, all covered Employees in the public or private sectors are entitled to up to 80 hours of COVID-19 related sick leave from January 1, 2021 through September 30, 2021, immediately upon an oral or written request to their employer.
This new policy covers all those who work for employers with more than 25 employees. If you, as an employee, took leave for the COVID-19 related reasons prior to March 29, 2021, you should make an oral or written request to the employer for payment.
You can avail this paid sick leave if you are unable to work for any of the following COVID-19 related reasons:
1. You are required to quarantine or isolate after experiencing COVID-19 symptoms and seeking a medical diagnosis. This should be as per the guidelines of the California Department of Public Health, federal Centers for Disease Control and Prevention, or as advised by the local health officer with jurisdiction over your workplace.3. You are unable to work to attend a vaccine appointment or cannot work after experiencing any vaccine-related symptoms.
How many hours of work should be covered by this new policy and should be correctly stated in your employers California and Federal Labor Law Poster?
80 hours. All considered full-time employees should receive up to 80 hours of coverage under this new policy. Full-time firefighters may be entitled to more than 80 hours.
What if I am a part-timer? Will I be able to avail this new COVID-19 related benefit?
For part-time employees with a regular weekly schedule, the
number of hours the employee is normally scheduled to work over two weeks. For
part-time employees with variable schedules, 14 times the average number of
hours worked per day over the past 6 months.
How much pay should I expect after availing the COVID-19 Supplemental Paid Sick Leave?
You should receive the highest of the following for each hour of leave regular rate of pay for the workweek in which your leave has been taken if you are a Non-exempt employee:
• State minimum wage
• Local minimum wage
• Average hourly pay for preceding 90 days (not including
overtime pay)
Meanwhile, if you are an Exempt employee, you must be paid the same rate of pay as wages calculated for other paid leave time. The rates received should not exceed $511 per day and $5,110 in total for 2021 COVID-19 Supplemental Paid Sick leave.
What if my employers do not honor this new COVID-19 Supplemental Paid Sick leave?
You can file a claim with the Labor Commissioner’s Office as retaliation or discrimination against a covered employee requesting or using COVID-19 supplemental paid sick leave is strictly prohibited.
So, as long as you are a covered employee who experiences any retaliation or discrimination from an employer, you can visit any of the Labor Commissioner’s Offices near you.
Posting Requirement
Yes. It is mandatory
for all covered employers to post in their workplace the 2021 California
COVID-19 Supplemental Paid Sick Leave Notice at a conspicuous place where other
required labor law posters are traditionally displayed. If you work remotely, an electronic copy of
this poster must be sent
by your employer.
An electronic version is available for download HERE. If you prefer a laminated version,
Compliance Posters of America has made available for our clients a 12" x
18" poster version HERE.