Notice Requirements for California's New Supplemental Paid Sick Leave Law

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As discussed in our March 24, 2021 Alert, California Governor Gavin Newsom has signed Senate Bill No. 95 (SB 95) which retroactively extends and expands COVID-19 supplemental paid sick leave (CSPSL) through September 30, 2021. SB 95 creates new Labor Code sections 248.2 and 248.3, which require public and private employers with more than 25 employees to provide an addition of up to 80 hours of employer-paid CSPSL to covered employees and in-home supportive service providers on a retroactive basis to January 1, 2021— taking effect March 29, 2021.

In addition to the requirements discussed in our prior Alert, the new law requires employers, by March 29, 2021, to display a model notice of the CSPSL requirements in a conspicuous place in the workplace. The model notice is available from the California Department of Industrial Relations at https://www.dir.ca.gov/dlse/2021-COVID-19-Supplemental-Paid-Sick-Leave.pdf, or by clicking here. If an employer’s covered employees do not frequent a workplace, the employer may satisfy its notice obligations by “disseminating notice through electronic means, such as by electronic mail.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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