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Statewide COVID-19 Paid Sick Leave Returns to California

By Ryan C. Bykerk & Ellen M. Bandel on April 5, 2021
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On March 19, 2021, Gov. Gavin Newsom signed SB 95 into law, once again requiring employers to provide California employees with paid sick leave in connection with COVID-19. Under SB 95, employees may be entitled to up to 80 hours of this supplemental paid sick leave. The new law, codified at Labor Code § 248.2, is similar to the 2020 COVID-19 supplemental paid sick leave laws for food sector and non-food sector workers, but it significantly expands benefits to employees, and will impact hundreds, if not thousands, more employers than last year’s laws.

This GT Alert provides a summary of SB 95, the new COVID-19 supplemental paid sick leave law, taking into account the recently-issued “2021 COVID-19 Supplemental Paid Sick Leave FAQs” issued by the DLSE (FAQs).

When and for how long is the law effective? The law goes into effect immediately and is retroactive to Jan. 1, 2021 (as explained in further detail below), but it provides a grace period until March 29 – in other words, employers do not need to begin providing COVID-19 supplemental paid sick leave until after March 29. The law expires on Sept. 30 (but paid leave may extend into early October 2021 as long as the employee starts leave on or before Sept. 30).

Which employers are covered? The new law applies to employers (other than in-home supportive services providers, who are instead subject to Labor Code § 248.3[1]) with more than 25 employees, but it does not specify whether all of those employees must be based in California.

Read the full GT Alert, “Statewide COVID-19 Paid Sick Leave Returns to California“

Photo of Ryan C. Bykerk Ryan C. Bykerk

Ryan C. Bykerk focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives, and has broad litigation experience in both federal and state court. His practice primarily involves defending employers in wage and hour class / representative…

Ryan C. Bykerk focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives, and has broad litigation experience in both federal and state court. His practice primarily involves defending employers in wage and hour class / representative actions and individual actions asserting violations of federal and state employment law, but extends to general, commercial, and financial litigation.

As a co-host of The Performance Review, a Greenberg Traurig Podcast about California Labor and Employment Law, Ryan offers insight and discusses the latest trends and developments in California Labor & Employment law.

Read more about Ryan C. BykerkEmail
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Photo of Ellen M. Bandel Ellen M. Bandel

Ellen M. Bandel is a member of the Labor and Employment practice, advising unionized and union-free employers on all aspects of labor and employment law. Specifically, Ellen counsels employers on a range of workplace issues including recruitment; development of handbooks and employment policies…

Ellen M. Bandel is a member of the Labor and Employment practice, advising unionized and union-free employers on all aspects of labor and employment law. Specifically, Ellen counsels employers on a range of workplace issues including recruitment; development of handbooks and employment policies; employee performance and discipline; administering paid and unpaid time off policies and leaves of absence; compliance with wage and hour and disability accommodation laws; proper handling of employee complaints; workplace audits and investigations; workforce reductions; and mitigating risk associated with employee terminations. Ellen has wide-ranging experience advising employers on compliance with employment legislation “trending” at the state and local level, including paid sick leave laws, legalization of medical and recreational marijuana, pre-employment restrictions relating to use of criminal history or prior salary information, predictable work schedule requirements, and paid medical leaves.

Ellen also represents clients in federal, state, and local administrative proceedings. Additionally, she assists government contractors subject to requirements of the Office of Federal Contract Compliance Programs’ (OFCCP) with the design and implementation of affirmative action programs and navigating the compliance review process.

Read more about Ellen M. BandelEmailEllen's Linkedin Profile
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  • Posted in:
    Corporate & Commercial, International
  • Blog:
    GT Israel Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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