It’s Back! California To Revive COVID-19 Supplemental Paid Sick Leave For Employees

By:

Saba Zafar, Esq.

and

Jaimee K. Wellerstein, Esq.

With a decline of COVID-19 cases in mid-2021, California’s Covid-19 Supplemental Paid Sick Leave (“SPSL”) ended on September 30, 2021. However, at the end of 2021, Omicron raged through California (and the rest of the world) causing a staggering increase in COVID-19 cases and a shortage of workers. It is not terribly surprising that on January 25, 2022, it was announced that California employers will once again be required to provide COVID-19 supplemental paid sick leave to employees.

The details of the new SPSL have not been confirmed yet. However, the new leave program will extend through September 30, 2022, and be retroactive to January 1, 2022. There will likely be tax credit relief for small businesses in conjunction with the obligation to provide SPSL. Governor Newsom, Senate President Pro Temp Toni Atkins, and Assembly Speaker Anthony Rendon also referred to providing sick leave to “frontline workers” though they did not specify whether the SPSL would be limited to frontline workers or identify which employees would qualify as “frontline.”

Bradley, Gmelich & Wellerstein LLP will continue to monitor and report on developments as they become available. In the meantime, employers should prepare to provide SPSL to employees retroactively starting January 1, 2022.

As always, your attorneys at Bradley, Gmelich & Wellerstein LLP are available to assist employers in complying with the upcoming changes. We’re here to help.

Saba Zafar, Esq. is Special Counsel in Bradley, Gmelich & Wellerstein LLP’s Employment Law Department. Saba has over a decade of experience as an attorney, primarily in employment law. Saba focuses her practice of providing strategic advice and counsel in all aspects of employment law and workplace matters, including drafting and implementation of HR policies and procedures, Employment Handbooks, providing advice to clients on personnel issues as well as general business matters.

Prior to joining the firm, Saba was a Senior Counsel providing advice and counsel to mid-sized to large businesses on employment law compliance and day-to-day employment issues, including implementing policies and procedures, employee classifications, employment separations, managing and disciplining employees, and COVID-19 rules and regulations. Saba also handled a wide variety of employment matters in state and federal court, including cases involving wrongful termination, discrimination, and wage-related cases.

In her spare time, Saba has volunteered as a Mediator for the Department of Consumer Affairs and the Orange County Human Resources Department. She was also a Volunteer Tutor for Schools on Wheels, tutoring elementary school students on skid row in Los Angeles. Prior to practicing law, Saba was a Judicial Extern for the California Court of Appeal, Second Appellate District.

In her free time, Saba enjoys embarking on culinary adventures and catching up on new television shows.

Jaimee K. Wellerstein, Esq. is a Partner at Bradley, Gmelich & Wellerstein LLP, and the Head of the firm’s Employment Department. Jaimee concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, PAGA claims, discrimination, retaliation, harassment, wrongful discharge, misclassification, and other employment-related lawsuits. She also provides employment counseling and training in all of these areas.

Jaimee routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies.

Jaimee assists as a Legal Advisor to CALSAGA and is a member of ASIS International. She is rated AV-Preeminent by Martindale-Hubbell, the highest peer rating available. jwellerstein@bgwlawyers.com