However, it’s not too late for Californians to claim COVID sick pay, which state lawmakers and Gov. Gavin Newsom have extended through the end of the year — and it’s important to start your claim before it expires.
Here are the details, including how the mandate works, who qualifies for COVID-related pay and how to claim it:
What is COVID sick pay?
Under state law, California companies employing 26 or more people are required to provide up to 80 hours of additional paid sick leave to employees who are unable to work for COVID-related reasons this year. Smaller companies are exempt.
The supplemental sick pay is separate from the minimum three sick days that California employers are required to provide annually to most workers.
When does it expire?
The COVID sick-pay mandate signed into law in February by Newsom was initially set to expire Sept. 30, but was extended through the end of December.
That means workers in California may claim up to 80 hours of paid COVID leave through Dec. 31. If you or a family member gets sick at the end of the month, you can continue to receive the benefit into January – as long as you get your claim started on or before Dec. 31.
Who qualifies for the COVID sick pay?
You’re eligible for COVID sick leave if you work for a California employer of 26 or more people. You’re eligible for the pay regardless of your immigration status.
Also, you don’t have to have been infected yourself to claim paid COVID leave.
Here are the reasons you could claim COVID sick pay:
• You have been infected with COVID.
• Your family member has been infected with COVID and you need to take care of them.
• You need to recover from a vaccination (including boosters)
• You need to take time off to get vaccinated.
• You need to take care of a family member who needs to get vaccinated or who is recovering from a vaccination.
• You’re taking care of a child who is out of school because of quarantines, or COVID-related closures.
Under the mandate, “family member” includes a child, parent, spouse, registered domestic partner, grandparent, grandchild or sibling, according to government documents.
Who isn’t eligible?
People who work for a California company with 25 or fewer employees do not qualify for the paid sick leave, nor do gig workers or independent contractors.
What do I need to do before I ask for time off?
After you determine you would qualify for sick leave, the next step is to figure out what type of leave your request would fall under. Under this new state law, two “banks” are available to employers of up to 40 hours each.
• Bank A, which offers up to 40 hours, includes a wide range of COVID-related requests. It’s very broad.
Any of the bullet points from above would qualify you for Bank A.
• Bank B is different — it’s much narrower.
Under Bank B, you may also claim up to 40 hours, but you are required to provide test results to your employer showing that you or a family member has tested positive.
Note: You can claim hours from either bank at any time, or even at the same time, depending on the circumstances for you and your family members.
How do I file for paid leave?
Once you’ve figured out which bank you’d be drawing your leave from, the next step is to talk to your employer and be clear about which type you’re requesting.
If you’re claiming hours from Bank B, there’s a good chance your employer will ask for proof of the positive test result.
That means when you or a family member tests positive, you should make sure you have documentation of it — whether it’s a picture of a home test or of your PCR test result, etc.
Can I get the sick pay if I work part time?
Yes, but it won’t be exactly the same amount as if you were working full-time. The leave will be prorated based on how many hours a week you work.
What if I work from home?
You can claim sick pay whether you work on site or from home.
Can I apply for the sick pay retroactively?
Yes. If you took leave for one of the reasons identified above between Jan. 1, 2022 and Feb. 19, 2022 and that leave was unpaid or compensated at a rate less than your regular rate of pay, you can request a retroactive payment.
Annie Vainshtein (she/her) is a San Francisco Chronicle staff writer. Email: avainshtein@sfchronicle.com. Twtiter: @annievain
