Statutory Update – COVID-19 Emergency Paid Sick Leave Updates

March 10, 2022

COVID-19 Legislation

State and Local

Emergency Paid Sick Leave Updates

California Local Ordinances

  • Long Beach: With the recent reinstatement of statewide COVID-19 Supplemental Paid Sick Leave (SPSL) effective February 19 (see our March 4 Statutory Update for details), Long Beach’s SPSL ordinance has ended and only the state’s requirements apply. 
  • The following local ordinances are still in effect:
    • Los Angeles City: SPSL Ordinance requirements apply until two weeks after the local COVID-19 emergency period. The March 4 Safer L.A. Order indicates that the city’s emergency period is still in effect.
    • Los Angeles County: SPSL Ordinance requirements apply until two weeks after the local COVID-19 emergency period.

Note: While a March 3 Health Officer Order indicates the county’s emergency period is still in effect, the county’s Department of Public Health website directs to California state SPSL (see ‘Maintain healthy business operations’ and ‘Resources’).

  • Oakland: SPSL Ordinance requirements apply for the duration of the city’s Declaration of COVID-19 Emergency.

Note: While the local emergency period is still in effect, the city’s Resources for Workers webpage directs to California state SPSL.

Massachusetts

Massachusetts’ COVID-19 Emergency Paid Sick Leave requirements were set to expire upon the earlier of the exhaustion of the COVID-19 Emergency Paid Sick Leave Fund or April 1, 2022.  The state’s Executive Office for Administration and Finance recently announced that, because reimbursements for the program are approaching their full budgeted amount of $100 million, March 15, 2022, will be the final day of the program. 

Employers may continue to seek reimbursement for qualifying leave costs taken between May 28, 2021 and March 15, 2022.  Applications for reimbursement must be submitted by April 29, 2022.

For more details visit the COVID-19 Temporary Emergency Paid Sick Leave Program website.

Please see our side-by-side comparison for more details on each of the Emergency Paid Sick Leave laws.

Other News

San Francisco, CA Paid Sick Leave Guidance

On February 22 San Francisco’s Office of Labor Standards Enforcement (OLSE) posted updated guidance regarding the use of time accrued under the city’s paid sick leave ordinance during the COVID-19 health emergency.  The guidance includes the following:

Reasons for Use: Covered employees must be permitted to use paid sick leave (PSL) for the following COVID-19-related reasons:

  • To take time off work because public health officials or healthcare providers require or recommend the employee isolate or quarantine to prevent the spread of disease;
  • To take time off work for a COVID-19 vaccination appointment or for vaccination side effects;
  • To take time off work because the employee’s business or a work location temporarily ceases operations in response to a public health or other public official’s recommendation (subject to eligibility restrictions – see below);
  • To take time off work because the employee needs to provide care for a family member to attend a COVID-19 vaccination appointment, who is experiencing vaccination side effects, or who is not sick but who public health officials or healthcare providers have required or recommended isolate or quarantine;
  • To take time off work because the employee needs to provide care for a family member whose school, child care provider, senior care provider, or work temporarily ceases operations in response to a public health or other public official’s recommendation.

Eligibility:

  • Workers who have been laid off are no longer eligible.
  • Employees who have their hours reduced or eliminated are not entitled to use accrued paid sick leave to account for such reductions or eliminations. Employees who remain scheduled to work may continue to use their accrued paid sick leave for any qualifying reason for any portion of their scheduled hours they are unable to work.
    • Documentation: During the current local health emergency documentation supporting the use of PSL may be requested after five consecutive days of leave, except that, if an employee is using PSL for a COVID-19 related reason and is not under a doctor’s care, the employer must accept the employee’s attestation of the need for leave. This timeframe will revert back to the law’s standard 3 days upon expiration of the local health emergency, unless OLSE revokes the temporary guidance sooner.

Please contact your MMA account team members with specific questions about this or other updates, and stay up to date with the latest news and information by subscribing to the MMA ADL blog.

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