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09/30/2021 COVID-19 Supplemental Leave

Oles, City of Santa Monica

As you know, the State’s COVID-19 Supplemental Paid Sick Leave through SB 95 concludes today. This leave covers several COVID-related leaves include 1) employee quarantine/isolation requirements 2) vaccination appointments or side effects 3) those caring for a family member/child who is under quarantine/isolation order or whose school is impacted related to COVID. Are there any member cities that have voluntarily extended any of these provisions or have discussed doing so? Thank you.

4 replies
Betsy

11/02/2021 01:43:19 PM

Thanks, Jena. We have so few work-related exposures that aren't public safety that this issue hasn't come up for us. But I'm glad you pointed it out as we will update our policy. 
Jena

10/04/2021 04:20:04 PM

https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html

Betsy--Look under this link on the CalOSHA FAQs for COVID.  There is a seciton for exclusion pay benefits.

Below is what is in the Emergency Temporary Orders.  Just concerned if there was a workplace exposure and an employee does not have any sick leave.  Still trying to figure all of this out still. 

(C) For employees excluded from work under subsection (c)(9), employers shall continue and maintain an employee's earnings, wages, seniority, and all other employee rights and benefits, including the employee's right to their former job status, as if the employee had not been removed from their job. Employers may use employer-provided employee sick leave for this purpose to the extent permitted by law. Wages due under this subsection are subject to existing wage payment obligations and must be paid at the employee’s regular rate of pay no later than the regular pay day for the pay period(s) in which the employee is excluded. Unpaid wages owed under this subsection are subject to enforcement through procedures available in existing law. If an employer determines that one of the exceptions below applies, it shall inform the employee of the denial and the applicable exception.

EXCEPTION 1: Subsection (c)(9)(C) does not apply where the employee received disability payments or was covered by workers’ compensation and received temporary disability.

EXCEPTION 2: Subsection (c)(9)(C) does not apply where the employer demonstrates that the close contact is not work related.

(D) Subsection (c)(9) does not limit any other applicable law, employer policy, or collective bargaining agreement that provides for greater protections.

(E) At the time of exclusion, the employer shall provide the employee the information on benefits described in subsections (c)(5)(B) and (c)(9)(C).


Betsy

10/04/2021 03:49:17 PM

Hi Oles, we are not extending COVID sick leave beyond the state requirement. If they are sworn and have a workplace exposure, we are placing them on admin leave. If they are nonsworn and have a workplace exposure, they have to use their sick or other leave. For anyone with a non-workplace exposure, they have to use their sick or other leave. 

Jena, I haven't heard of the work exclusion pay for a work related exposure... where are you seeing that it is required? Thanks. 
Jena

09/30/2021 05:37:39 PM

Bakersfield has not discussed extending the leaves at this point.  Exclusion pay will be provided for work related exposures, and I am working with HR to determine if they will be utilizing paid sick leave benefits for those that have sick leave accruals.  For work related exposures, when an employee has no paid sick leave accruals, I believe you have to pay them something...exclusion pay.   Others that report non-work related exposures will need to utilize sick leave accurals. 

As with all of the COVID stuff, this is a work in progress.  As soon as I have concrete info on our process, I will share.