Dividing the employee’s total wages, except for overtime, by their total non-overtime hours worked in the previous 90 days’ full pay periods.Using the same method as the regular rate of pay for the workweek when the nonexempt employee uses paid sick time, regardless of whether the employee works overtime that week.For nonexempt employees, employers can calculate the regular rate of pay by choosing one of the following: How do employers calculate the rate of pay?Įmployers have a few options to choose from when calculating rate of pay. Supplemental paid sick leave is separate from and cannot be used as exclusion pay under the Cal/OSHA emergency temporary standard. Employers also cannot require employees to use their COVID-19 paid sick leave accrual before using any other COVID-19 related leave. The only offset available is if employers had to provide COVID-19 paid sick leave under another federal or local law in effect on or after January 1, 2022, assuming the leave was for a permitted reason listed above. How does the law work with an employer’s current paid sick leave policy?ĬOVID-19 paid sick leave must be provided in addition to any employer paid sick leave policy. Employers can also limit leave to three days or 24 hours for each vaccine or booster dose, unless the employee’s health care provider verifies that side effect symptoms are still present. Employers can limit employee leave if the employee is on leave because of a positive test but refuses to provide documentation. As with full and part-time employees, variable hour employees earn these hours per category of leave.Įmployees determine how much leave they need to use. If they have worked seven days or less, they receive the total number of hours worked. Variable hour employees that have worked between 8 days and 6 months are entitled to seven times the hours over the entire period of work. Variable hour employees who have worked at least six months receive seven times the average number of hours they worked each day in the six months preceding their leave.
Part-time employees receive the total number of hours they are typically scheduled to work over one week (one week for each category). Caring for a child when a school or daycare is closed because of COVID-19įull-time employees are entitled to up to 80 hours of paid leave (40 hours per category).Feeling symptoms of COVID-19, or caring for a member who has COVID-19 symptoms, while awaiting diagnosis from a health care provider.Accompanying a family member to a COVID-19 vaccine or booster shot appointment.Receiving their own COVID-19 vaccination or booster shot.Quarantining, or caring for a family member who is quarantining, because of a state or local public health order or health care provider recommendation.The second category is for employees who are: Family members include spouses, children, parents, siblings, grandchildren, and grandparents. The first is for when the employee tests positive or needs to take care of a family member who tests positive for COVID-19. The law divides paid leave into two categories. Employers will be required to notify their employees of the new law. Employers with more than 25 employees are required to comply with the law. The law has retroactive effect to Januand lasts until September 30, 2022. On February 19, 2022, California’s reenacted COVID-19 paid sick leave law will go into effect.
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