By Molly Wood, SPHR. SDEA HR Consultant
Supplemental Paid Sick Leave (SPSL) is California’s mandated leave for an employee’s own COVID-19 illness, to care for a family member with COVID-19, for time off needed to get a vaccine, to cover days an employee is unable to work or telework due to side-effects of the vaccine, and/or for employees who are unable to work or telework because they are caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
It is mandatory for employers with more than 25 employees to provide SPSL. On the pay stub after March 29, 2021 the amount of leave available must be shown either on the employees pay-stubs or a supplemental document provided at the same time.
Additionally, SPSL is retro-active back to January 1, 2021 if requested by an employee. So, for companies that were not following the voluntary practices for the federal tax credit under FFCRA, an employee can request to be paid for any time taken under the SPSL. If an employer had deducted an employee’s company provided sick leave, vacation, or PTO for those reasons, those paid hours should be reinstated.
Companies that were providing the FFCRA leave can apply those hours to the employee’s SPSL balance.
The California Department of Industrial Relations has a detailed FAQ page that explains rate of pay, reasons for taking leave, and information about how to apply retroactive pay. SDEA has sample retro-pay request forms and SPSL request forms. And, of course, members can call us anytime to discuss the nuances of this leave and how it coordinates with other types of leave available to employees.
Members of SDEA enjoy unlimited consultation with our HR Team. Don’t hesitate to call! 858-505-0024