Recap of Top CA 2022 COVID-19 SPSL Highlights:
Upon Request and Retroactive: SPSL is required to be paid upon oral or written request of the employee, retroactive to January 1, 2022.
Two Banks of Time: SPSL requires up to 40 hours (a proportionate amount for part-time employees) in each bank for when an employee is unable to work or telework due to specific reasons related to:
-
Bank 1 – Vaccine/Booster and Quarantine/Isolation: For the employee and/or family member* which also includes when a child’s school or place of care is closed or unavailable due to COVID-19 on the premises.
-
Bank 2 – COVID-19 Positive Tests: For the employee and/or family member*.
*Family member includes child, parent, spouse, or registered domestic partner, grandparent, grandchild, or sibling.
Paystub Requirement: SPSL requires the amount of time taken be listed on the paystub (with “zero hours” until SPSL is used) and is enforceable the next full pay period following February 19, 2022.
-
TPO Note: It is hoped the DIR will provide an FAQ addressing if there needs to be two separate line items on the paystub for each “bank” of time.
Separate from Cal/OSHA’s Emergency Temporary Standard (ETS) “Exclusion Pay”: Employers may not require the use of SPSL prior to providing exclusion pay under the Cal/OSHA ETS.
-
TPO Note: To review the January 28, 2022 ETA FAQ section on Exclusion Pay, click here.
Payment: Not to exceed $511 per day and $5,110 total.
-
TPO Note: If the employee took time off for a qualifying reason between January 1, 2022 and February 19, 2022, the employee may request a retroactive payment or a credit to the paid time off account used.
No payroll tax credit: Unlike past required COVID paid leaves, currently there is no direct financial relief to employers for paying SPSL.
