2021 COVID-19 SUPPLEMENTAL PAID SICK LEAVE EXPIRES
The requirement for employers to provide supplemental paid sick leave (SPSL) to employees expired on September 30, 2021. Read below to learn more about the recent changes on the federal, state and local levels.
Federal Update
The Families First Coronavirus Response Act (FFCRA), which was extended through the American Rescue Plan Act of 2021 (ARPA) to allow employers to voluntarily continue to provide COVID-related SPSL and still receive the available
tax credits, expired on September 30, regardless of whether an employee is on leave at the time of expiration.
More information on tax credits for COVID-19 related leave:
- Tax Credits for Paid Leave Under the FFCRA for Leave Prior to April 1, 2021: CLICK HERE
- Tax Credits for Paid Leave Under the ARPA of 2021 for Leave After March 31, 2021: CLICK HERE
State Update
SB 95 went into effect on March 29, 2021 (retroactive to January 1, 2021), extending and expanding the requirements for employers to provide supplemental paid sick leave to employees impacted by COVID-19. Employers with 26 or more employees were required to provide up to 80 hours of SPSL when an employee was unable to work or telework due to COVID-19 related reasons, including taking care of oneself or family members, or if the employee was receiving the vaccine or managing related side effects.
The requirement to provide 2021 COVID-19 Supplemental Paid Sick Leave expired on September 30, 2021. There are currently no statewide plans to extend the law or otherwise mandate CA SPSL beyond the end of September.
- If an employee was still taking leave when the law expired, the employee can finish taking the amount of 2021 COVID-19 Supplemental Paid Sick Leave they are entitled to receive.
- If an employee takes SPSL as of September 30, 2021, they will be permitted to continue to take the leave they are currently on, even if the entitlement expends past the expiration.
- If an employee requests SPSL after September 30, 2021, employers do not need to provide SPSL.
For more information on 2021 COVID-19 Supplemental Paid Sick Leave, review the Frequently Asked Questions page
CLICK HERE.
Local Update
Even though California’s SPSL expired on September 30, some cities and counties that enacted their own SPSL measures have expiration dates extending beyond this time. Employers with employees in these cities and counties should be wary of potential ongoing obligations.
In our region, the following localities have continuing SPSL ordinances:
- Los Angeles County (unincorporated areas): Los Angeles County’s SPSL ordinance and Employee Paid Leave for Expanded Vaccine Access ordinance will expire two calendar weeks after the expiration of the COVID-19 local emergency as declared by the Board of Supervisors. As of this writing, the COVID-19 local emergency has not been lifted and the Los Angeles County SPSL ordinance is still in effect.
- Los Angeles City: Though Los Angeles’ City’s Vaccine Paid Sick Leave Due to COVID-19 measure, which went into effect on June 24 and applies retroactively to the beginning of 2021, expires at the same time as SB 95, the sunset date of the City’s SPSL order does not expire until two calendar weeks after the expiration of the COVID-19 local emergency period. As of this writing, the local emergency period has not been lifted. Importantly, the SPSL order revisions apply prospectively and include two substantive changes. First, the revised order allows employees to use SPSL to cover time off for vaccine-related reasons, including travel time to and from an appointment as well as time to recover from vaccine-related symptoms. Second, while employers may not require a doctor’s note or other documentation to verify an employee’s use of SPSL, it may request verification of receipt of a COVID-19 vaccine.
- Long Beach City: The City of Long Beach’s local SPSL ordinance states the City Manager shall report back to the City Council and Mayor every 90 days on the effectiveness of the ordinance and whether it is still necessary based on the City’s recovery from COVID-19’s impact. The City Council and Mayor will then determine the applicable sunset date based on the report. As of this writing, there has not been any report made by the City Manager regarding an expiration date.
It is possible that other cities and counties with expired (or soon to be expired) SPSL measures will take emergency action to extend or otherwise issue new SPSL requirements. Employers should be on the lookout for additional SPSL laws that may come down or extend beyond September 30.
For more information on SPSL review Frequently Asked Questions
CLICK HERE.
This document is intended to be used as a starting point to help business owners. It is not comprehensive. While everything this article is intended to be accurate it is not intended legal advice and should not be relied on as such. To obtain legal advice please contact a licensed California attorney. The EDC does not endorse a particular law firm or practice.
