California’s Supplemental Paid Sick Leave Expired on December 31, 2020.
The federal Coronavirus Response and Relief Supplemental Appropriations Act extended only tax credits for employers with fewer than 500 employees offering paid sick leave for COVID-19 related reasons. Because the federal requirement to provide supplemental paid sick leave (SPSL) was not extended, the state requirement to provide SPSL expires on December 31, 2020.
It is important to note, however, that workers taking SPSL as of December 31, 2020, may continue to take the leave they are currently on even if the entitlement extends past December 31, 2020. For example, an employee who exhibited symptoms and was recommended to isolate on December 28, 2020 may continue to utilize the SPSL they would be entitled to even if that isolation is required to extend into 2021, and be paid for the time according to the requirements of the SPSL law.
Any violations of the law during the period of the law’s effective dates (April 16, 2020 through December 31, 2020 for qualifying food sector workers, including agricultural workers and September 19, 2020 through December 31, 2020 for other qualifying employees) will continue to be enforced by the Labor Commissioner’s Office. This means if you had a claim for a violation of the law that occurred prior to December 31, 2020, your claim will be heard. It is best to file it as soon as possible so that it does not face a challenge based on you filing it late. Generally, claims may be barred if they are filed more than three years after the violation occurred if they are based on a statute. Some penalty provisions have a one-year limitation.
Paid sick leave through the California Healthy Workplaces, Healthy Families Act of 2014 may provide leave to workers for preventive care, diagnosis, care, or treatment of an existing health condition, among other purposes, for themselves or family members.