California’s Supplemental Paid Sick Leave: The Follow-Up

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Today, we’re following up on our prior blog post regarding California’s Supplemental Paid Sick Leave (“SPSL”). California’s Department of Industrial Relations has recently prepared and shared a Frequently Asked Questions (“FAQ”) regarding SPSL. The FAQ Page can be found here.

Some highlights from the FAQs are as follows:

Notice Requirement: Employers are required to post a notice about the new COVID-19 SPSL benefits. The notice can be found This notice must be placed at a worksite where employees can easily read it. This notice, though, may be shared via email for those employees who work remotely.

Payroll: SPSL must be listed separately from regular Paid Sick Leave on the itemized paystubs that employees regularly receive. What this means is that SPSL amounts may be listed as a separate line item on these paystubs—or listed in a separate document—when wages are paid.

Unlike California’s former COVID-19 supplemental paid sick leave laws, the current SPSL requires employers to list the amount of COVID-19 supplemental sick pay that an employee has consumed (used) per pay period. If no such hours have been used in a pay period, the paystub or separate document must indicate 0.

SPSL payroll records must be kept for three years.

Pay Rate:

  • For non-exempt hourly employees, SPSL must be paid at an employee’s regular rate of pay for the week in which leave is taken (or by using a 90-day lookback method).
  • For exempt salaried employees, SPSL pay must be calculated in the same manner the employer calculates wages for other forms of paid leave time.

Retroactive Payments: SPSL applies retroactively, but only for limited time periods—i.e., only for qualifying absences taken between January 1, 2022, to February 19, 2022.  However, employers may request documentation if an employee is asking for retroactive leave on grounds that the employee or a qualifying family member tested positive for COVID-19 during these time periods. An employer will have until the payday for the next full pay period to pay the “retroactive” SPSL.

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This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.