This chart provides a snapshot of paid leave laws that may cover California workers affected by COVID-19. This chart provides a comparison of California laws on paid family leave, paid sick leave, and 2021 COVID-19 Supplemental Paid Sick Leave.
Qualifying reasons for leave
To care for a seriously ill family member or to bond with a new child entering the family through birth, adoption, or foster care placement
(eff. Jan. 1, 2021, this will also include a “qualifying exigency” related to the military duty of the employee’s family member).
(1)Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
(2)For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Labor Code Section 230 and subdivision (a) of Section 230.1.(1) Caring for Yourself:
The covered employee is subject to quarantine or isolation period related to COVID-19, has been advised by a healthcare provider to quarantine, or is experiencing COVID-19 related symptoms and seeking a medical diagnosis.
(2) Caring for a Family Member: The covered employee is caring for a family member subject to a COVID-19 quarantine or isolation period or has been advised by a healthcare provider to quarantine due to COVID-19, or is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
(3) Vaccine-Related: The covered employee is attending a vaccine appointment or cannot work or telework due to vaccine-related symptoms
Employers/Hiring Entities covered
State Paid Family Leave is funded solely throughemployeecontributions. Employees who contribute to the program (generally through paycheck deductions) are eligible if they earned at least $300 from which State Disability Insurance (SDI)
deductions were withheld during the applicable base period.
All employers who have employees in California except for certain employers of employees covered by a valid collective bargaining agreement, certain employers subject to Railway Labor Act, and retired annuitants of public employers
All employers, public or private, with more than 25 employees, including those with collective bargaining agreements.
Workers Covered
Employees
Employees
Employees, whose employers have over 25 employees, and are unable to work or telework due to one of the COVID-19 related qualified reasons listed above.
Amount of paid leave
8 weeks starting July 1, 2020
1 hour for every 30 hours worked or another approved method; employer may cap accrual at 48 hours and cap use at 3 days or 24 hours, whichever is greater, within a 12 month period
Note: CA paid sick leave is separate from, and in addition to, paid sick leave under the FFCRA. However, employees may use their CA paid sick leave to supplement the amount they receive in FFCRA paid sick leave, up to the amount the employee would have normally earned during the period of sick leave.80 hours for those considered full-time employees.
Full-time active firefighters may be entitled to more than 80 hours, caps on pay apply.
For part-time employees with a normal weekly schedule, the number of hours the employee is normally scheduled to work over two weeks.
For part-time employees with variable schedules, 14 times the average number of hours worked per day over the past 6 months.
Wage payment
amount
60-70% of wages (depending on income), ranges from $50-$1,300 per week
Regular rate or average rate for preceding 90 days
Non- exempt employees: Highest of the following for each hour of leave: regular rate of pay for pay period in which leave was taken, average pay over the last 90 days, State minimum wage, or local minimum wage, not to exceed $511 per day and $5,110 in total. Active firefighters may be entitled to more hours but pay is capped at these limits. Exempt employees: paid at the same rate as other paid leave
When leave becomes available
When employee loses wages due to inability to work because of need for family care/bonding; employee must have earned at least $300 from which State Disability Insurance (SDI)
deductions were withheld during base period
Begins to accrue upon hire & may be used after 90 days
January 1, 2021 through September 30, 2021. Requirement to provide leave is effective March 29, 2021 and retroactive to January 1, 2021.
Family members for whom care may be provided
• Child, including a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis.
• Biological, foster, or adoptive parent, parent-in-law, stepparent, legal guardian, or other person who stood in loco parentis when the employee was a child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling
• Child, including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
• Biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling
• Child, including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
• Biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
• Spouse
• Registered domestic partner
• Grandparent
• Grandchild
• Sibling
