Governor Newsom has signed AB 152 which extends an employer’s (with 26 or more employees) obligation to provide Covid-19 Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022.  The prior law covering SPSL expired on September 30, 2022.   Although the new law extends paid leave through the end of this year, it does not create any additional benefits or leave that otherwise existed under the prior SPSL law that expired September 30, 2022.  Thus, if an employee already used their available banks of time under the prior SPSL law, no additional SPSL leave need be provided. For a complete breakdown and explanation of employers’ Supplemental Paid Leave obligations, click here to read our prior article on this topic.

Additionally, AB 152 expands diagnostic Covid-19 testing requirements when an employee requests SPSL for their own illness. Prior to AB 152, an employer could require that an employee take a test after five days have passed since the employee initially tested positive for Covid-19. Under AB 152, the employer may now require that the employee submit to a second diagnostic test at least 24 hours after the first test. If the employee does not submit to the tests, the employer is not required to provide additional SPSL. The employer must pay the costs of employer-mandated testing.

Should you have any questions about the new SPSL, contact our employment attorney Scott Liner at [email protected].