Originally set to expire on September 30, 2022, the California COVID-19 Supplemental Paid Sick Pay law (CSPSL) was recently extended through December 31, 2022, when Governor Newsom signed AB 152. You can read the CSPSL FAQs here and access the required poster here.

CSPSL applies to employers with 26 or more employees. While the original law, passed in early 2022, has not changed, AB 152 gives employees through the end of the year to access this paid benefit if they meet certain conditions and have not already exhausted it earlier in 2022; it does not provide a new bank of paid leave.

If an employee has previously used all of their available CSPSL and experiences another qualifying event, the employee will need to use another form of wage replacement benefit (e.g., employer paid sick-leave (non-CSPSL) or accrued vacation).

In addition, AB 152 adds two additional rules:

1. Employers can require an employee to take a second Covid-19 test if the employee tested positive five days after the first positive test. This additional test must occur within no less than 24 hours. The employer must pay for these tests and pay non-exempt employees for their time to take the tests. If the employee does not provide documentation of the day five test result or does not submit to the additional testing (at the employer’s request), the employer is not required to provide additional CSPSL.

2. A new CSPSL grant relief program was created to assist small businesses and non-profits by offsetting CSPSL costs incurred of up to $50,000 per employer applicant. Eligible employers must have between 26 and 49 employees; have been in operation since June 1, 2021; have paid CSPSL to employee(s) in calendar year 2022; and be a C or S corporation, limited liability company, partnership or limited partnership, or registered non-profits (with certain exceptions). Employers should consult their tax advisors for details.

With cooler weather upon us, make sure to check the California Department of Public Health website frequently to keep updated on the newest Covid-19 employer guidance: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/EmployeesAndWorkplaces.aspx

The Personnel Perspective is a full-service HR management consulting firm specializing in human resources, leadership development, and training, and recruiting. The firm’s core belief is that a company achieves organizational excellence through its people. Contact us to learn more: (707) 576-7653.