AB 152 extends the California Supplemental Paid Sick Leave (CA SPSL) rights until December 31, 2022. Although the time in which workers may use COVID-19 supplemental leave will be extended by three months, this Bill does not provide additional leave time for those employees who have already exhausted their COVID-19-related leave time in 2022.
Under existing law, full-time employees receive one bank of up to 40 hours of leave that can be used for a variety of qualifying reasons. A full-time employee can receive an additional bank of 40 hours of leave if they test positive for COVID or are caring for a covered family member who tests positive, and they produce proof of that positive test result. Part-time employees receive pro-rated banks based on formulas specified in the law. Existing law also allows an employer to require submission to a diagnostic test on or after the fifth day an employee reports testing positive for COVID-19.
AB 152 amends the existing SPSL law to permit additional testing if an employee continues to test positive after taking any test required on or after the fifth day. Under the amended law, an employer can require that the employee submit to a second diagnostic test that is taken no earlier than at least 24 hours after any positive result on a test taken on or after the fifth day. The amended law also provides that an employer has no obligation to provide additional paid leave if an employee refuses to comply with the employer’s required return to work diagnostic tests.
AB 152 also extends the availability of SPSL to December 31, 2022. While SPSL will now be available through the end of the year, AB 152 does not provide an additional bank of time to those employees who may have already exhausted their allotted SPSL for the year.
Grants for Small Business and Non-Profits
AB 152 establishes the California Small Business and Nonprofit COVID-19 Relief Grant Program within the Governor’s Office of Business and Economic Development, also known as GO-Biz to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. The bill requires GO-Biz to provide grants to qualified small businesses or nonprofits. These provisions of the bill will expire on January 1, 2024.
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