Federal & California COVID-19 Paid Sick Leave Expired

Highlights:

• Both Federal and California Emergency Paid Sick Leave Expired on 9/30/2021
• Employees taking CA Supplemental Paid Sick Leave (SPSL) as of 9/30/2021 may continue to take the leave they are currently on even if the entitlement extends past 9/30/2021
• California employees can also take family and medical leave under CFRA to care for themselves or their family members if their symptoms rise to the level of a serious health condition.  Leave under CFRA is unpaid but employees may qualify for disability insurance from the state.
• Know your local jurisdiction Covid-19 Emergency Sick Leave laws.
• Employers should still provide guidance to employees to take care of themselves and their families and to stay home if ill.
• Employers can continue to implement their own Covid-19 leave policies should they choose to do so. 

We’re almost there! There’s a light at the end of the tunnel and though we may not ever be back to what we once considered “normal,” we’re closer to it than we’ve been since March of 2020! But as with so many things with the pandemic, the waters have been murky for employers when it comes to leaves; whether they are required or optional, who they apply to, how to enforce them, how to receive tax credits…the list goes on. As we turn these temporary leaves off, it may be tempting to breathe a sigh of relief and know we can go back to the “old” way of doing things. Not so fast! Breathe that sigh of relief, but be sure to stay on top of the many overlapping, local ordinances that may still impact your company. 

CA Supplemental Leave

Though the CA Supplemental Paid Sick Leave has now expired, it’s important to note that any employees who are currently taking SPSL with an end date after September 30, 2021, must be permitted to complete their leave until they elect to end it or they have depleted the balance. 

California CFRA Leave Options After September 30

Many employees will still need to take time off from work for COVID-19 related reasons. Unless their employers have their own COVID-19 policies in place, much of this time off work may be unpaid.

If a California employee is sick with COVID-19 symptoms or is caring for a family member who has COVID-19 symptoms, they can use their regular California paid sick leave if they have accrued time available. Employees can also take family and medical leave under CFRA to care for themselves or their family members if their symptoms rise to the level of a serious health condition. Leave under CFRA is unpaid but employees may qualify for disability insurance from the state.

Local Ordinances

The following localities have active supplemental paid sick leave ordinances:

• Long Beach
• Los Angeles City
• Los Angeles County (unincorporated areas)
• Marin County (unincorporated areas)
• Oakland
• San Mateo County (unincorporated areas)
• Santa Rosa
• Sonoma County (unincorporated areas)

Until they expire, these local ordinances must continue to be enforced, so employers need to be sure they know where their employees are physically located, and what leaves those employees are entitled to take. 

As an added twist to make things even more complex, Sacramento City, Sacramento County (unincorporated areas), San Francisco and San Jose all had COVID-19 paid sick leave ordinances that have already expired, but these local jurisdictions  may actually reimplement their ordinances. 

For more information on COVID leave policies, click here and here. And go ahead and breathe one more sigh of relief. You deserve it!