Beginning March 29, 2021, California employers with more than 25 employees nationally will have to pay their California employees with up to 80 hours of COVID-19–related paid leave. On March 19, 2021, Governor Gavin Newsom signed Senate Bill (SB) 95, which creates new California Labor Code Sections 248.2 and Section 248.3. As we previously explained, the new legislation covers more employers and requires paid sick leave for many more reasons than did the Families First Coronavirus Response Act and the California COVID-19 supplemental paid sick leave statute that expired on December 31, 2020.

Among the many reasons for which an employee can take COVID supplemental paid sick leave are (1) attending an appointment for a COVID-19 vaccine; (2) being under a government-ordered COVID-19 quarantine or a health care provider instructed self quarantine; and (3) caring for a family member, including parents-in-law, grandparents, grandchildren, and siblings who are under a quarantine order or whom a health care provider has advised to self-quarantine.

The leave is retroactive to January 1, 2021, and the statute expires on September 30, 2021.

Our recent article, “California Legislature Sends New COVID-19 Supplemental Paid Sick Leave Bill to Governor for Signature,” includes a complete list of reasons for which an employee can take the new leave, how to calculate the amount and pay rate of the leave, compliance suggestions, and other important information about SB 95.