Senate Bill 95 COVID-19 Supplemental Paid Sick Leave

Dear Member of Bargaining Unit 2:

On March 19, 2021, the state of California enacted Senate Bill 95, which, like the Families First Coronavirus Response Act that expired on December 31, 2020, provides supplemental paid sick leave to employees affected by COVID-19.

Senate Bill 95 COVID-19 Supplemental Paid Sick Leave (SB 95 SPSL)

Per CalHR, SB 95 SPSL is effective as of March 29, 2021, and is retroactive to January 1, 2021. It will expire on September 30, 2021. Under SB 95 SPSL, all state employees except retired annuitants are entitled to two-weeks of emergency paid sick leave for leave related to COVID-19, including to care for a child whose school or place of care is closed due to COVID-19. Specifically, employees are eligible to take up to 80 hours of SB 95 SPSL if they are unable to work or telework due to any of the following reasons:

  1. The employee is subject to a Federal, State, or local quarantine or isolation order 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; or

  2. The employee is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or

  3. The employee is attending an appointment to receive a COVID-19 vaccine; or

  4. The employee is experiencing symptoms related to receiving the COVID-19 vaccine that prevent the employee from being able to work or telework; or

  5. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; or

  6. The employee is caring for a family member as defined in the California Labor Code, section 245.5 subdivision (c), who is subject to an order or guidelines under number 1 or 2; or

  7. The employee is caring for a child as defined in the California Labor Code, section 245.5, subdivision (c), whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

SB 95 SPSL shall be available for immediate use by the eligible employee, upon the verbal or written request of the employee to the department. Substantiation is required for school or child care closures. However, the leave should be granted immediately and the employee should be allowed reasonable time to provide the needed substantiation. Departments cannot require an eligible employee to use other leave before the use of SB 95 SPSL, including PLP 2020. Upon verbal or written request by the employee, the employer shall provide the covered employee with a retroactive payment if the request meets one of the reasons listed above. Retroactive payments require an amended timesheet signed by the employee and his or her supervisor.

New details will likely be released over the next few weeks so please continue to check with your department or with the CalHR website for the program details here.

If you are a Voting Member of CASE and your request for SB 95 SPSL is denied, unreasonably delayed, or you are otherwise being prevented from exercising your rights for leave by your department, please contact CASE immediately at info@calattorneys.org.

This email may not reach all CASE members. Accordingly, CASE encourages you to pass this email along to any of your colleagues who may not have received it. If you are not receiving CASE emails and wish to receive future communications from CASE, please send an email to info@calattorneys.org and request to be added to the distribution list. CASE also encourages you to send responses from your personal email address as opposed to your state email address. Please keep in mind that all responses will be treated as confidential by CASE.

As always, your support of CASE and your colleagues in Bargaining Unit 2 is greatly appreciated.

Sincerely,

The CASE Board of Directors

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