A new software update is available for CA Covid-19 Leave. California has passed a bill requiring employers to pay Covid-19 Supplemental Paid Sick Leave in 2022, and this bill is retroactive to January 1, 2022. This requirement is similar to the Covid Paid Leave of 2021, with a few changes.
These changes meant additional programming was necessary to assist you with meeting the new requirements. This article and the attached instructions will discuss what changes were made to the software and how you should use these new features.
Note: This law does not apply to small employers with 25 or fewer employees. The current update (02/21/22) is based on the information we have at this time. We will make adjustments in the future if we receive more information regarding the implementation of this law.
Download 2022 Instructions
The following instructions will walk you through the setup required in your Datatech software to accurately track and pay 2022 California Covid Leave.
FAQ's
What Changed?
- One change is that there are two categories of leave depending on the employee’s circumstances. There is leave available for Covid related reasons and separate leave available for when an employee or a member of their family tests positive for Covid.
- Another change is that the check stub should show how much leave an employee has used, rather than how much leave is available.
How do I change leave types when an employee requests time they took off at the beginning of the year to be changed to Covid Leave?
Employees may now request Covid Leave for time they were off work in January. If they took regular sick pay days for Covid reasons, then employers can issue a check with negative Sick Pay hours and positive Covid Pay hours at the same pay rate. This is a way to “convert” Sick Pay already taken to Covid Pay.
Will the software update include printing used Covid hours on check stubs?
Yes, your software now has a utility that will allow you to calculate Used Covid Leave on any checks issued in 2022. Download the instructions above to learn how to start using this new feature.
Note: If you have issued any Covid Leave in 2022 using the same codes used in 2021, the program will treat that as “Covid Related” leave. If you need to convert any regular sick pay, do that first.
What are the reasons an employee can use the new Covid Leave?
This bill provides Covid-19 Supplemental Paid Sick Leave for covered employees who are unable to work or telework due to certain reasons related to Covid-19.
How many Covid-19 Paid Sick Leave Hours are employees entitled to?
The following chart shows the hours, or calculation method, for covered employees based on the hours an employee worked:
| Hours Employee Works | Covid-19 Paid Sick Leave |
|---|---|
| Works full-time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took Covid-19 paid sick leave. | Entitled to 40 hours of Covid-19 paid sick leave. |
| The employee has a normal weekly schedule. | The total number of hours the covered employee is normally scheduled to work for the employer over one week. |
| Employee works a variable number of hours. | Seven times the average number of hours the covered employee worked each day for the employer in the six months preceding the date the covered employee took Covid-19 Paid Sick Leave. (If the employee has worked for the employer over a period of fewer than six months but more than seven days, this calculation shall instead be made over the entire period the covered employee has worked for the employer. |
| Employee works a variable number of hours and has worked for the employer over a period of seven days or fewer. | The total number of hours the covered employee has worked for that employer. |
This bill would also entitle a covered employee to an additional 40 hours of Covid paid leave if the covered employee, or family member whom the covered employee is providing care, tests positive for Covid-19.
The total maximum amount of COVID-19 supplemental paid sick leave a covered employee is entitled to shall not exceed 80 hours for the period between January 1, 2022, and September 30, 2022.
Program Update: This update includes the ability to generate reports using the calculations above to show you how many Covid Leave hours an employee is entitled. These calculations are dependent on the information and hours you have entered in the program being up-to-date and accurate. You will need to review these calculations for accuracy.
What is the Covid-19 Paid Sick Leave rate of pay?
Each hour of COVID-19 supplemental paid sick leave shall be compensated at the regular rate of pay to which the covered employee would be entitled if they had been scheduled to work those hours. This is the same as 2021.
What can employers require?
The bill would authorize the employer to require the covered employee, if that employee tests positive, to submit to another test on or after the fifth day after the first positive test and provide documentation of those results.
The bill would also authorize the employer to require the covered employee to provide documentation of a family member’s test result before paying the additional COVID-19 supplemental paid sick leave, as applicable.
The bill would specify that the employer has no obligation to provide additional COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result.
Note: This Covid-19 Paid Sick Leave is in addition to any paid sick leave available under the Healthy Workplaces, Healthy Families Act of 2014 and in addition to prior Covid-19 Paid Sick Leave the employee was entitled to.
IMPORTANT: The information presented in this article should not be construed as legal, accounting or tax advice. Our customer service representatives are not accountants or lawyers and they also do not provide accounting, tax or legal advice. You should consult with a professional advisor familiar with your particular factual situation for advice concerning specific accounting, tax or legal matters before making any decisions.