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DLSE FAQ Page for 2022 COVID Supplemental Paid Sick Leave Now Available
Feb 24, 2022

DLSE FAQ Page for 2022 COVID Supplemental Paid Sick Leave Now Available

Topics: COVID-19, Employee Leave, Wage & Hour Issues

California’s Division of Labor Standards Enforcement (DLSE) has published a new FAQ page explaining the 2022 COVID-19 Supplemental Paid Sick Leave (2022 SPSL) law, which went into effect on February 19, 2022. Our summary of the 2022 SPSL requirements can be found in our prior blog post.

The 2022 SPSL FAQ page covers the following topics:

•    Reasons for Taking Leave
•    Start Date and End Date
•    Requesting Leave from An Employer
•    Calculating an Employee’s Hours of Leave
•    Permissive Limits on Use and Verification
•    Credits
•    Payment of Leave, Record-Keeping, and Paystubs
•    Enforcement
•    Relation to Other Laws

A few key items covered in the FAQ that employers should be aware of are as follows.

Notice Requirement

Employers are required to display a poster about 2022 SPSL in a common space at the workplace and email it to remote workers. 

Paystub & Record Retention Requirements

Employers are required to list the amount of 2022 SPSL the employee has used on the paystub or in a separate document provided at the time wages are paid.  This is different than 2021 SPSL and California’s Paid Sick Leave which require the paystub to list what is available to use (rather than what has been used). 

If no 2022 SPSL hours have yet been used, then the paystub or separate document must indicate 0.  Records about the accrual and usage of all forms of paid sick leave, including 2022 SPSL, must be kept for a three-year period.

Pay Rate and Retroactive Pay

For non-exempt, hourly employees 2022 SPSL must be paid at the regular rate of pay, not their base rate of pay, for the week in which leave is taken or by using a 90-day lookback method. 

For exempt, salaried employees 2022 SPSL pay must be calculated in the way the employer calculates wages for other forms of paid leave time.

Retroactive payments are only required if the covered employee requests retroactive time for qualified absences prior to February 19, 2022.  Employers may request documentation if the employee is requesting retroactive leave for the employee or a qualifying family member testing positive for COVID-19.

If you have questions about 2022 COVID-19 Supplemental Paid Sick Leave or related issues, please reach out to a CDF Labor Law attorney to discuss. 

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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