Assembly Bill (AB) 152 continues the availability of COVID-19 supplemental paid sick leave for covered employees through December 31, 2022. Recall that the current COVID-19 paid sick leave was established by Senate Bill 114 and is set to expire September 30, 2022 (see “New COVID Paid Sick Leave Expected” in the February 2022 Fiscal Report). In addition to the important change with the extension of the availability of supplemental sick leave, AB 152 provides additional parameters involving employee COVID-19 testing.
Current law provides that the employer may deny COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result, and employers are also authorized to require the covered employee who tests positive to submit to another test on or after the fifth day after the first positive test and provide documentation of those results, at no cost to the employee. This bill provides that, if an employer requires a second positive test on or after the fifth day, then the employer may require the employee to submit to another test within 24 hours.
It is important to note that AB 152 does not grant a new allotment of COVID-19 supplemental paid sick leave. If the leave entitlement was not previously exhausted, it will continue to be available to covered employees through December 31, 2022. It is recommended that human resources and business office staff review leave records to determine COVID-19 leave balances for current employees and ensure that employees that are newly hired in the 2022-23 school year are granted this leave entitlement.
Governor Gavin Newsom is expected to sign AB 152 into law in the next few days, and it will take effect immediately upon his signature.