COVID-19 Supplemental Paid Sick Leave Extended Through the End of 2022 (AB 152)

California again extended the time to use benefits available to workers who miss work for a variety of COVID-19-related reasons. The 2022 COVID-19 Supplemental Paid Sick Leave Law (“2022 SPSLL”) provided two banks of forty hours of sick leave that employees could use until September 30, 2022. 

Recently passed Assembly Bill 152 permits workers to access those benefits through December 31, 2022. However, it does not provide any additional leave time. If a worker had already exhausted the leave available to them under the 2022 SPSLL by September 30, 2022, then they continue to be out of 2022 SPSLL leave.

AB 152 also tweaks the testing requirements in the 2022 SPSLL. AB 152 gives employers more latitude to require employees to provide COVID-19 test results to access the second of the two banks of 40 hours available to most full time workers. As before, an employee or their covered family member for whom the covered employee is providing care, must test positive for the employee to access this second bank of hours. And as before, the Employer may require the employee to submit to a second test on or after the fifth day after the first test and provide documentation of the results. But now, if that second test is positive, the employer may require the employee to submit to a third diagnostic test within no less than 24 hours. The bill also clarifies that the employer may require the employee to submit these tests before paying for the leave. The employer still must pay for the costs of the tests.

AB 152 also provides grants to assist “qualified” small businesses or nonprofits with 25-49 employees with funding to cover the costs associated with providing COVID-19 supplemental paid sick leave. Only the following kinds of organizations qualify: a “C” corporation, “S” corporation, cooperative, limited liability company, partnership, or limited partnership, or a designated 501(c)(3), 501(c)(6), or 501(c)(19) organization. Unions and trust funds are usually not organized using these designations, so are unlikely to qualify for this grant. Some apprenticeship or training funds that are designated as 501(c)(3) organizations may qualify. 

For questions regarding AB 152 or other new legislation, contact your labor law counsel.