On September 10, 2020, Governor Gavin Newsom signed AB 1867. Passage of the bill means that millions of Californians will now be eligible for up to 80 hours of supplemental paid sick leave during COVID-19. While many workers were already given paid sick leave under the federal FFCRA (Families First Coronavirus Response Act), this bill expands paid sick leave to employees working for private employers with more than 500 U.S.-based workers, and all health care providers and emergency response workers not covered under FFCRA. The bill also codifies existing paid sick leave provisions for food service workers.
To qualify for the expanded leave, the employee must perform work outside their home or residence and satisfy one of the following conditions: 1) be advised by a medical provider to quarantine due to coronavirus-related concerns; 2) due to COVID-19 concerns, not be permitted to work; or 3) be under a federal, state, or local isolation or quarantine order. The legislation will be enforced through the Labor Commissioner’s office; there is no private right of action to sue the employer directly in court.
New regulations such as these are essential for containing the spread of the coronavirus because they create a pathway for workers to stay home and not risk their health or their income. Keeping sick workers at home also stops the spread of COVID-19 to the general public. We are grateful to live in California, which was recently ranked #1 by Oxfam in terms of worker protections in a study entitled, "Best States to Work During COVID-19." Hopefully, California will continue to lead the way in worker’s rights legislation during the pandemic.
If you believe that your employer has failed to provide you with paid sick leave or you have any questions about your rights during the COVID-19 crisis, contact Teukolsky Law today for a free consultation.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.