CAL SMACNA Legislative Action Alert: New Supplemental Paid Sick Leave Mandate on California Employers

CAL SMACNA Legislative Action Alert:
New Supplemental Paid Sick Leave Mandate on California Employers

MAKE YOUR VOICE HEARD

SACRAMENTO – This week, the California Legislature and Governor Newsom are finalizing a new mandate to force employers to pay up to 80 hours of COVID Supplemental Paid Sick-Leave to their employees, retroactively to January 1, 2022. This new requirement is in addition to existing paid sick leave and the recent Cal/OSHA COVID exclusion pay requirements. 

Important note: Unlike previous supplemental paid sick leave requirements – this new mandate will NOT be paid for by the state or federal government.  Employers are on the hook for ALL new costs. The details are below.

CAL SMACNA is asking you to please reach out to your Legislators to let them know that you OPPOSE this new mandate. It should only take you or your assistant a few minutes to complete. 

Four Simple Steps to Contact Your Representatives: 

1. Go to Find your California Representative and enter your address to find your State Senator and Assemblymember. Once you have entered your address, you will be able to find their contact information by clicking on their names (You can also call CAL SMACNA at 916-363-7460 and we can help you find your Legislators contact information). 
2. Once on their webpage you will click the ‘Contact’ link to access the ‘Contact Me’ portion of their website to send them an email or call their District/Capitol Office.
    
3. See the sample message below for you to copy (Ctrl+C) and then paste into the body of the email message (Ctrl+V); the message can also be used as talking points if you plan to call your representative. Feel free to change or personalize as you wish before you submit. 
4. Enter the required information on their ‘Contact Me’ form and click submit. 

Thank you in advance for taking the time to speak for your business and the unionized construction industry. 

SAMPLE MESSAGE: 

• My name is ____ and I own or work at ________ located at ________ in your district.  I am contacting your office today to urge your ‘NO’ vote on AB 84 and SB 114 creating a new mandate on employers to pay NEW COVID Supplemental Paid Sick Leave.

• Our business cannot afford NEW mandates at this time without a dollar-for-dollar tax credit from the State or Federal government.

• As a union contractor, we already pay premium wages to supplement unpaid time off or illness. Union contractors are being forced to pay their employees TWICE for the same leave.

• Limiting this new mandate to employers with 25+ employees doesn’t make it any more affordable or less impactful on the union construction industry.

• Can I have your commitment as my representative that you will vote ‘NO’ on this measure?

FACTS ON NEW COVID SUPPLEMENTAL PAID SICK LEAVE

• There is a carveout for small businesses with less than 26 employees. 
• This mandate lasts until September 30, 2022, and is retroactive to January 1, 2022. 
• Rate of pay is $511 per day max. 
• The employer cannot require that this leave be exhausted before using leave available under the Cal/OSHA ETS. 

There will be two buckets of leave available, each up to 40 hours:

Bucket #1:

• Qualifying reasons to take leave:

  (A) The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace. If the covered employee is subject to more than one of the foregoing, the covered employee shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidelines that provides for the longest such minimum period.

  (B) The covered employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

  (C) The covered employee is attending an appointment for themselves or a family member to receive a vaccine for protection against contracting COVID-19.

  (D) The covered employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine that prevent the employee from being able to work or telework.

  (E) The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

  (F) The covered employee is caring for a family member, who is subject to an order or guidelines described in subparagraph (A) or who has been advised to self-quarantine.

  (G) The covered employee is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

* Employees may only take up to 24 hours per vaccine/booster appointment for reasons (C) and (D). A doctor’s note is required for more time.

Bucket #2

• Qualifying reasons to take leave:
  • If the employee or a family member for whom they are providing care tests positive for COVID-19.
  • Employer may require documentation of positive test for employee or family member. No leave if the employee refuses to test or show documentation.