This version of SPSL took effect February 19, 2022, however, it applies retroactively to January 1, 2022. It expires September 30, 2022. Employers with more than 25 employees are covered.
The following are covered reasons for using SPSL:
- The employee is subject to a Covid-related quarantine or isolation period.
- The employee is attending an appointment for themselves or a family member to receive a Covid vaccine or vaccine booster.
- The employee is experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework.
- The employee has symptoms of COVID-19 and is seeking a medical diagnosis.
- The employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
- The employee is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
SPSL benefits:
- A full-time employee is entitled to 40 hours of SPSL. A part-time employee is entitled to a proportionate number of hours of SPSL based on the type of schedule the employee maintains.
- Both full and part-time employees are entitled to an additional amount of time, equal to their allotment for the reasons detailed above if the employee or family member for whom the employee is caring for tests positive for COVID-19 (e.g., full-time employees are entitled to an additional 40 hours). Employers are permitted to require documentation of the positive test to provide leave for this reason.
- The maximum amount of SPSL a full-time employee can take during the period from January 1 to September 30, 2022, is 80 hours.
Additional Facts About SPSL:
- Employers may limit the leave for symptoms for each vaccination or booster to 3 days or 24 hours unless the employee provides verification from a health care provider that the employee (or their family member) is continuing to experience adverse symptoms.
- Employers must provide employees with written notice that sets forth the amount of SPSL the employee has used through the pay period in which it was due on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date. The employer shall list zero hours used if a worker has not used any SPSL.
- Employers are required to post a notice to be developed by the Labor Commissioner about this new SPSL benefit. A copy of the notice can be found here. If an employer’s covered employees do not frequent a workplace, the employer may satisfy this requirement by disseminating the notice through electronic means, such as e-mail.
- Non-exempt employees shall be compensated based on one of the following: (1) calculated in the same manner as the regular rate of pay for the workweek in which the employees uses SPSL; or (2) calculated by dividing the total wages, not including overtime premium pay, by the total hours worked, in the full pay periods of the prior 90 days worked.
- The maximum amount an employer can be required to pay for SPSL: not more than $511 per day and $5,110.00 in aggregate.
(323) 652-9451
