Assembly Bill 1867 providing COVID-19 specific supplemental paid sick leave was signed by the Governor on September 9, 2020 and is now in effect. AB 1867 enacts supplemental paid sick leave for food sector workers in the private sector. As it relates to public agencies, this bill enacts the same for health care providers and emergency responders when the employer has elected to exclude employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (CARES Act – Public Law 116-127). If applicable, COVID-19 supplemental paid sick leave, in addition to existing sick leave allotments, shall be provided to a covered worker who performs work outside of their home if they are unable to work due to any of the following reasons:

  • Covered worker is subject to a federal, state, or local quarantine or isolation due to concerns related to COVID-19
  • Covered worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19
  • Covered worker is prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19

Covered workers considered “full time” shall be entitled to 80 hours of COVID-19 supplemental paid sick leave, if the following criterion are met:

  • Covered worker worked or was scheduled to work, on average, at least 40 hours per week in the two weeks preceding the date the covered worker took COVID-19 supplemental paid sick leave
  • Active firefighters who were scheduled to work more than 80 hours in the two weeks preceding the date the covered worker took COVID-19 supplemental paid sick leave, are entitled to an amount equal to the total number of hours that they were scheduled to work in the preceding two weeks.

Covered workers not considered “full time” who work less than 40 hours per week as noted above are entitled to a modified number of leave hours as follows:

  • Total number of hours the covered worker is normally scheduled to work in the preceding two weeks
  • If variable number of hours, 14 times the average number of hours worked each day in the six months preceding.
    • If variable number of hours, and the covered worker has worked less than six months, but more than 14 days, this calculation shall be used for the entire period of the covered workers employment.

COVID-19 supplemental paid sick leave shall be compensated at a rate equal to the highest of either the covered worker’s regular rate of pay for the last pay period, including pursuant to any applicable collective bargaining agreement, or the state or local minimum wage. An employer is not required to pay more than $511 per day or $5,110 in the aggregate to a covered worker for COVID-19 supplemental paid sick leave. This may be applied to leave paid prior to this enactment with certain provisions noted in subdivisions (c) and (d) of the newly enacted Labor Code Section 248.1.

The Labor Commissioner shall enforce this, including investigating an alleged violation, and up to a $4,000 penalty.