State COVID-19 Paid Leave Laws

Below are updates to laws in California and New York regarding COVID.

California COVID-19 Paid Sick Leave

February 2022 Update: Supplemental Paid Sick Leave

​California Governor Gavin Newsom signed SB 95 into law, effective March 29, 2021. The new law, which is retroactive to January 1, 2021, provides employees with up to 80 hours of supplemental COVID-19 related paid sick leave, i.e. in addition to general paid sick leave or any other paid time off. SB 95 applies to California employers with more than 25 employees and is set to expire September 30, 2021.
Under SB 95, an employee may take COVID-19 supplemental paid sick leave if they are unable to work or telework due to any of the following reasons: 

1. The 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, federal Centers for Disease Control and Prevention, or a local health officer with jurisdiction over the employer’s workplace;
2. The employee has been advised by a health care provider to self-quarantine due to COVID-19 concerns;
3. The employee is attending an appointment to receive a COVID-19 vaccine;
4. The employee is experiencing COVID-19 vaccine-related symptoms that prevent work or telework;
5. The employee is experiencing COVID-19-related symptoms and is seeking a medical diagnosis;
6. The employee is caring for a family member [defined to include a child, grandchild, grandparent, parent, sibling, or spouse] subject to an order or guidelines as described in paragraph 1, above, or who a health care provider has advised to self-quarantine as described in paragraph 2, above; or,
7. The employee is caring for a child whose school or place of care is closed or unavailable for COVID-19-related reasons on the premises.

Full time employees will generally be entitled to up to 80 hours of COVID-19 supplemental paid sick leave whereas part time employees will be entitled to a corresponding amount of paid sick based on the number of hours normally worked over a two week period.
Employers must list an employee’s COVID-19 supplemental paid sick leave balance on their paystub, wage statement, or a separate writing.
The California Labor Commissioner has made available a required COVID-19 Supplemental Paid Sick Leave poster and FAQ guidance on the new law.

New York COVID-19 Paid Vaccination Leave

On March 12, 2021, Governor Cuomo signed into law Senate Bill S2588A which entitles employees up to four hours of paid leave per COVID-19 vaccination injection. The law is effective immediately and set to expire on December 31, 2022.
Key provisions:

• Four Hours of Paid Vaccination Leave Per Injection: All New York employers are now required to provide employees seeking the COVID-19 vaccine with paid time off for "a sufficient period of time, not to exceed four hours per vaccine injection."
• Independent, Separate Leave: The paid vaccination leave under the new law is an independent benefit in addition to any other existing paid time off benefit (e.g. sick leave).
• Regular Rate of Pay: Employees must be paid at their regular rate of pay for any paid vaccination leave.

The law prohibits employers from discriminating or retaliating against employees who request or take vaccination leave under the new law.  Employers should update leave policies and train managers on the new COVID-19 paid vaccination leave law.