Reasons Employees Can Use, and Duration of, Leave: Employees who are unable to work or telework can use the new CPSL for the following reasons, which are more numerous than reasons employees could use California CPSL in 2021 (language in bold reflects the new 2022 CPSL use reasons): Family member is defined to include a child, grandchild, grandparent, parent, sibling, or spouse. Additionally, it allows employees to use leave to care for family members. The 2022 law does not apply to employers with 25 or fewer employees. Because 2022 CPSL does not preempt local ordinances, employers may have compliance obligations under the state law and possibly up to four similar – but not identical – local ordinances in Long Beach, Los Angeles (City and County), and Oakland.īelow, we focus on provisions of the 2022 law (Labor Code section 248.6) that apply to employers generally, and do not discuss provisions applicable to either firefighters (also covered by Labor Code section 248.6) or providers of in-home supportive and/or waiver personal care services (Labor Code section 248.7).Ĭovered Employers, Employees and Family Members: New Labor Code section 248.6 will apply to employers with 26 or more employees and to a number of public entities. As a result, employers will not be able to simply restart policies and practices in 2022 they previously had in place to comply with the 2021 CPSL, though it is important to note it may be possible to offset this new CPSL obligation with paid leave already provided in 2022. 2 Various provisions, however, are different. To employers that had to comply with California’s 2021 CPSL law, 1 the statute will look familiar, e.g., there is no direct tax or financial relief to employers for providing 2022 CPSL. The law takes effect immediately and is retroactive to January 1, 2022, but an employer’s obligation to provide 2022 COVID-19 supplemental California paid sick leave (CPSL) does not begin until 10 days after the governor signs: February 19, 2022. On February 9, 2022, California’s governor signed Senate Bill (SB) 114, which creates new Labor Code section 248.6. Littler Investigation Toolkit for Employers.
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