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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 trusted advisor and experienced attorney in the Labor and Employment practice, counseling both unionized and nonunion employers on all aspects of employment law. She provides strategic and compliance-focused guidance on workplace matters including recruitment, employee performance and discipline,

…

Ellen M. Bandel is a trusted advisor and experienced attorney in the Labor and Employment practice, counseling both unionized and nonunion employers on all aspects of employment law. She provides strategic and compliance-focused guidance on workplace matters including recruitment, employee performance and discipline, workforce reductions, leaves of absence, wage and hour compliance, disability accommodations, and risk mitigation for terminations. Ellen is a go-to resource for drafting and implementing employee handbooks, personnel policies, employment agreements, non-competes, and severance agreements, and regularly conducts workplace audits, investigations, and training to ensure discrimination and harassment-free environments. Her experience spans the full employment life cycle and covers a range of industries and geographies, with particular depth in California law and “trending” state and local legislation, such as paid sick leave, paid family and medical leaves, pay transparency, pre-employment restrictions, and workplace violence prevention mandates.

Ellen is also frequently engaged to support employment-related issues in mergers and acquisitions, including post-merger employee integration.

Ellen is recognized for her practical, tailored approaches to complex employment issues and her ability to work closely with business and HR leaders to develop actionable strategies that fit each client’s unique needs and culture.

She is also a co-author of PLI’s California Employment Law treatise and a panelist at PLI’s annual Cutting-Edge Employment Law Issues conference, reflecting her thought leadership in the field.

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

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