California has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through December 31, 2022. On September 29, 2022, California’s Governor signed Assembly Bill (AB) 152 which amends the existing SPSL law and provides for state grants to certain employers.  

Changes to Supplemental Paid Sick Leave

The previous version of SPSL was passed in February 2022 and required employers with 26 or more employees to provide additional paid leave for certain COVID-19-related reasons.  This law was scheduled to expire on September 30, 2022. 

Under existing law, full-time employees receive one bank of up to 40 hours of leave that can be used for a variety of qualifying reasons.  A full-time employee can receive an additional bank of 40 hours of leave if they test positive for COVID or are caring for a covered family member who tests positive, and they produce proof of that positive test result. Part-time employees receive pro-rated banks based on formulas specified in the law.  Existing law also allows an employer to require submission to a diagnostic test on or after the fifth day an employee reports testing positive for COVID-19.  

AB 152 amends the existing SPSL law to permit additional testing if an employee continues to test positive after taking any test required on or after the fifth day.  Under the amended law, an employer can require that the employee submit to a second diagnostic test that is taken no earlier than at least 24 hours after any positive result on a test taken on or after the fifth day. The amended law also provides that an employer has no obligation to provide additional paid leave if an employee refuses to comply with the employer’s required return to work diagnostic tests. 

AB 152 also extends the availability of SPSL to December 31, 2022.  While SPSL will now be available through the end of the year, AB 152 does not provide an additional bank of time to those employees who may have already exhausted their allotted SPSL for the year. 

Grants for Small Business and Non-Profits

AB 152 establishes the California Small Business and Nonprofit COVID-19 Relief Grant Program within the Governor’s Office of Business and Economic Development, also known as GO-Biz to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. The bill requires GO-Biz to provide grants to qualified small businesses or nonprofits. These provisions of the bill will expire on January 1, 2024.

As an urgency bill, AB 152 takes effect immediately.

If you have questions about COVID-19 Supplemental Paid Sick Leave or related issues, contact a Jackson Lewis attorney to discuss.

Tags: AB152, COVID-19, grants, supplemental paid sick leave, testing
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Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying…

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

She also counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations, reductions in force, and discipline and termination questions. Ms. Groff further conducts training and seminars on employment related issues, including sexual harassment prevention training.

Furthermore, Ms. Groff has extensive experience exclusively representing employers in labor and employment disputes. She has defended employers in employment litigation, including actions involving sexual harassment, discrimination on the basis of sex, age, race, religion, and disability, wrongful termination, and wage and hour matters, including class actions. Ms. Groff has litigated matters from inception through the appellate stage before California state and federal courts and represents employers in proceedings before state and federal administrative agencies and tribunals.

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Photo of Cepideh Roufougar Cepideh Roufougar

Cepideh Roufougar is a Principal in the San Francisco, California, office of Jackson Lewis P.C.

Ms. Roufougar is Co-Leader of the California Advice and Counsel Resource Group. She advises and counsels management in all areas of labor and employment law, with a focus…

Cepideh Roufougar is a Principal in the San Francisco, California, office of Jackson Lewis P.C.

Ms. Roufougar is Co-Leader of the California Advice and Counsel Resource Group. She advises and counsels management in all areas of labor and employment law, with a focus on identifying practical solutions to help ensure compliance with state and federal law. Ms. Roufougar positions herself as a strategic partner when providing advice and counsel about litigation avoidance, employee management issues, implementing disciplinary actions, and collective bargaining issues. Her ability to see the big picture clearly and understand her client’s businesses in emotionally charged and highly complex disputes has helped her clients financially and prevented litigation. Her clients rely on her to guide them through both short-term and long-term planning to achieve their unique goals and strategies.

Ms. Roufougar is an experienced trainer and presents seminars on a wide range of subjects, including: leave management and reasonable accommodations; preventing discrimination, harassment and retaliation; implementing and sustaining disciplinary actions; conducting defensible workplace investigations; first-line supervisor trainings; performance management/evaluations; and wage and hour issues.

Ms. Roufougar has been successful in helping her clients prevail in numerous arbitrations and administrative appeals. She has extensive experience representing employers in labor and employment disputes. She has defended employers in employment litigation matters, including claims alleging violations of the Public Safety Officers Procedural Bill of Rights Act, FLSA collective actions, and claims of harassment and discrimination. Ms. Roufougar also conducts complex workplace investigations.

Before joining Jackson Lewis, Ms. Roufougar practiced at a well-regarded local labor and employment firm and served as in-house counsel for a local public agency.

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