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Paid sick leave for employees

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2022 COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave. Please note: this is a general summary and not intended as legal advice. For more detailed information and requirements, please visit California Department of Industrial Relations’ Labor Commissioner’s COVID-19 Guidance and Resources. For assistance, call the California Rural Legal Assistance at (707) 528-9941.

Which employers are covered by 2022 COVID-19 Supplemental Paid Sick Leave?

  • All employers, public or private, with 26 or more employees are covered, including those with collective bargaining agreements.
  • Covered employees are those who cannot work or telework due COVID-19.  Covered employees are entitled to paid sick leave that is in addition to leave that was provided under previous laws which expired Sept. 30, 2021.

This does not apply to independent contractors, however, any worker who has been misclassified as an independent contractor but is in fact an employee is entitled to 2022 COVID‑19 Supplemental Paid Sick Leave.

What are the circumstances that allow a covered employee to take 2022 COVID-19 Supplemental Paid Sick Leave?

There are two separate banks of leave for employees covered by 2022 COVID-19 Supplemental Paid Sick Leave:

  • The first bank of 2022 COVID-19 Supplemental Paid Sick Leave, up to 40 hours, is available to covered employees unable to work or telework if you or a family member are quarantining or isolating, or getting a COVID-19 vaccine, or experiencing symptoms due to vaccination, or experiencing COVID-19 symptoms and seeking a medical diagnosis. This first bank of hours is also available if you are caring for child whose school or place of care is closed due to COVID-19.
  • The second bank of 2022 COVID-19 Supplemental Paid Sick Leave, up to an additional 40 hours, is available only if you or a family member you are caring for tests positive for COVID-19.

What time period does 2022 COVID-19 Supplemental Paid Sick Leave Cover?

2022 COVID-19 Supplemental Paid Sick Leave is available from Jan. 1, 2022 to Sept. 30, 2022.

For those not covered by 2022 COVID-19 Supplemental Paid Sick Leave:

According to What are my paid sick leave options from the California Department of Industrial Relations, if you work as an employee in California for at least 30 days in a year, full-time, part-time and temporary workers are probably covered by California’s Paid Sick Leave. This paid sick leave law can be used to:

  • Recover from physical/mental illness or injury.
  • Seek medical diagnosis, treatment or preventative care.
  • Care for a family member who is ill or needs medical diagnosis, treatment or preventative care.
  • Self-isolate as a result of potential exposure to COVID-19.

You can earn one hour of paid leave for every 30 hours worked. The sick leave that your employer is required to provide is limited to 24 hours or three days per year, whichever is more.