AB 152 Extends COVID-19 Supplemental Paid Sick Leave and Provides a Grant Program to Aid Small Businesses

COVID-19 Supplemental Compensated Sick Leave (“SPSL”) was established to expire on September 30, 2022.  Nevertheless, on September 29, 2022 Governor Newsom signed Assembly Bill 152 (“AB 152”), which extends SPSL via the close of the 12 months.  The bill took outcome quickly.

AB 152 does not modify the obligations of companies to give SPSL.  As with the previous invoice, which made California Labor Code section 248.6, it presents employees with a whole of up to 80 hours of SPSL.  For a summary of the SPSL needs, see our prior put up COVID-19 Paid Sick Leave Returning to California Workplaces.  Even so, AB 152 does extend permissible employer-demanded COVID screening.  Below Labor Code segment 248.6, an employer could involve that an staff post a diagnostic test on day 5 right after an initial constructive examination outcome.  Under AB 152, employers can even now demand a take a look at on day 5.  If this exam is constructive, then the employer can also need a 2nd diagnostic exam inside of no considerably less than 24 several hours.  An employer is not needed to supply extra SPSL if the employee does not provide a working day five result or the more test.

AB 152 also establishes the California Modest Organization and Non-Profit COVID-19 Supplemental Compensated Ill Go away Aid Grant Application.  This application is established to be repealed January 1, 2024, and it only awards grant money to qualifying applicants for SPSL delivered amongst January 1, 2022 and December 31, 2022.  To qualify for this program tiny firms or non-income should satisfy the subsequent standards:

• Be a “C” company, “S” corporation, cooperative, confined liability company, partnership, limited partnership, or registered 501(c)(3), 501(c)(6), or 501(c)(19)
• Began working just before June 1, 2021
• Be presently lively and running
• Have 26 to 49 employees, as proven by payroll information and an affidavit attesting to this fact
• Have supplied SPSL pursuant to the requirements of California Labor Code sections 248.6 and 248.7.

There are a quantity of exemptions that exclude small corporations and non-earnings from this program, which includes corporations that do not have a physical presence in California, companies mainly engaged in political or lobbying routines, and money institutions or firms primarily engaged in lending, between other folks.

Simply because AB 152 does not substantially improve employer obligations, businesses ought to continue to offer SPSL to eligible personnel and include the expenditures of any needed COVID- 19 testing.  Nonetheless, the Grant Plan does deliver qualifying firms and non-gains reduction from expenses incurred as a outcome of furnishing SPSL.