Guide to Frequently Asked Questions on Supplemental Paid Sick Leave

The California requirement to provide Supplemental Paid Sick Leave (SPSL) for COVID-19 related reasons expired on December 31, 2020.  If you have a claim for a violation of the law that occurred prior to December 31, 2020, your claim will be heard. More information on the SPSL expiration is available on the Labor Commissioner’s webpage.

FAQs on California COVID-19 Supplemental Paid Sick Leave

Covers:
  • Paid sick leave for food sector employees
  • Paid sick leave for non-food sector employees
  • Date in effect and expiration date
  • Eligibility requirements
  • Employer approval
  • Coverage for independent contractors in food sector
  • Amount of leave
  • Retaliation protections, filing a claim
  • Local laws, SDI and employer credit for providing leave
  • Posting requirements

Side by Side Comparison of COVID-19 specific and other Paid Leave

Covers basic protections and eligibility requirements for:

  • CA Paid Family Leave
  • CA Paid Sick Leave
  • FFCRA Emergency Paid Sick Leave
  • CA COVID-19 Supplemental Paid Sick Leave
  • FFCRA Emergency Paid Family & Medical Leave

Essential and Non-essential Workers

Covers:
  • Paid Sick Leave
  • The Stay-at-Home Order
  • Protections for non-essential workers who refuse to return to work
  • Guidance for individuals who are over 65 or immunocompromised
  • Protections for independent contractors
  • Filing a complaint with the Labor Commissioner

Laws Enforced by the Labor Commissioner’s Office

Covers:
  • Paid sick leave
  • Options if your child's school or day care closes
  • Reporting time pay
  • Employee right to privacy
  • Retaliation protections
  • Participating remotely in Labor Commissioner actions

Safe Reopening for Workers and Employers

Covers:
  • Employer obligations to keep the workplace and employees safe
  • Positive COVID-19 tests
  • Paid Sick leave
  • Face coverings
  • Medical Checks
  • Waivers of liability
  • Returning to worksite

Conditional Suspension of California’s WARN ACT Notice Requirements

Covers:
  • The executive order which addresses the California Worker Adjustment and Retraining Notification (WARN) Act and its 60-day notice requirement for an employer that orders a mass layoff, relocation, or termination at a covered establishment.

December 2020