As the state implements more sick leave requirements for businesses amid the COVID-19 pandemic, the new SB 95 mandate incorporates a number of new provisions for which an employee is entitled to the leave.
“I think it’s the ongoing pandemic which has persisted and is making circumstances with the passage of time and lack of funds for employees more difficult,” William B. Gould IV, the Charles A. Beardsley professor of law, emeritus, at Stanford University, told the Northern California Record.
“And it’s part of a general movement, an increasing recognition that our sick pay legislation is inadequate,” said Gould, a former chairman of the National Labor Relations Board. “I’m sure after it expires in the fall [Sept. 30], there will be a more long-range fix for paid sick leave.”
Senat Bill 95 was enacted following voluntary federal leave provisions that extend aspects of the FFCRA (The Families First Coronavirus Response Act). The new California law and the new federal leave program both entitle employees to up to $511 per day or $5,110 in the aggregate.
“There’s no mandate under the Biden act, so that’s why this is happening,” Gould said.
The Department of Industrial Relations (DIR) website FAQs outlines the number of ways SB 95 applies.
“It incorporates within the sick pay a number of factors that are not directly covered by sick pay law – the business of recovery and advice given by a health care provider, general quarantine, caring for a family member subject to same kinds of problems, and of course the inability to work because of vaccine-related symptoms,” Gould said.
Paramount for employers is displaying or electronically distributing the DIR model notice about employee rights under the new law.
“Employees need to be aware, particularly in these stressful periods, that they can seek recourse from the state and employers must put their various affiliates on notice,” Gould said. “It applies to some smaller employers, but doesn’t apply to all; the big guys will know everything they need to know well in advance.”
The law initially was to apply to any size business, but was revised to 25 or more employees following business coalition efforts.