California employers with more than 25 workers will be mandated to provide up to an additional 80 hours of paid sick leave under a new law that remains in effect until this fall.
“It’s going to provide an additional bank of leave for employees because the pandemic just isn’t going away yet,” professor Thomas Lenz, a lecturer at USC Gould School of Law, told the Northern California Record. “Issues continue to arise where employees feel they need to have time away.”
The legislation, SB 95, comes on the heels of new voluntary federal leave provisions to extend tax credits and other aspects of the FFCRA (The Families First Coronavirus Response Act).
There is no difference in the amount employees are entitled to under the new California law, as well as the new federal leave program – up to $511 day or $5,110 in the aggregate.
The intersection of the expiring, renewing and new leave programs at the state and federal level underscores the difficulties employers face in managing a workforce during the pandemic, Lenz said.
A key provision of SB 95 is displaying the model notice to inform employees on site and teleworking about their rights under the law.
“An area of concern is employers are not really allowed to ask for verification. Maybe if an employee is spotted out shopping or something to suggest there is abuse, then they can look behind a request to see what is really going on,” Lenz said.
Many employers are concentrating on compliance with the myriad of different leave programs, which the California Chamber of Commerce addressed in an SB 95 opposition letter to Gov. Gavin Newsom that was signed by more than 100 industry groups.
“California’s response to COVID-19 cannot continue to be subsidized by the business community, especially in light of the new paid time off and testing requirements under the California Occupational Safety and Health Emergency COVID Regulations (“ETS”), the workers’ compensation presumption, and expansion of 12 weeks of family leave,” the letter states.
The effort helped with amendments to SB 95, which a Chamber news release notes originally applied to all small businesses, not just those with 25 or more employees.
SB 95, which took effect March 29, applies retroactively to Jan. 1 for private and public sector employees. The Department of Industrial Relations also has furnished a list of FAQs.
The cost impact will be in a number of different areas.
“The full scope remains to be seen,” said Lenz, who is also a partner handling labor and employment law at Atkinson, Andelson, Loya, Ruud & Romo. “Employers that don’t [grant the leave] could face claims from the Labor Commissioner or a lawsuit over non-compliance with wage and hour laws if someone is denied leave or pay to which they are entitled.”
“Employers need to know that as the situation goes on, they need to make workers aware of this new leave and need to prepare to grant the leave without looking behind it unless there is some evidence of abuse,” Lenz said, adding that in a unionized workplace, employers need to hold discussions with labor unions to ensure everyone is aware and in compliance.
“It’s more for employers to deal with but it’s about protecting everybody so we can get through the pandemic,” Lenz said.