California’s Labor Commissioner has released an updated FAQ to address some of the outstanding questions regarding the state’s 2022 COVID-19 Supplemental Paid Sick Leave. As a reminder, the California 2022 COVID-19 Supplemental Paid Sick Leave provides up to 80 hours of paid sick leave for employees of 26+ employers for a variety of COVID-19-related issues facing either the employee or a family member.

The FAQ clarified some key points left vague or unaddressed previously:

Employers with 26+ employees must follow this leave law. When calculating business size, all employees at facilities nationwide are counted. The FAQ explains that the 26-employee threshold was meant to exempt only small employers, not multistate larger entities.

Employers may create one bank of 80 hours of leave (for all types of qualified leave) or 2 banks of 40 hours of leave (1 bank of 40 hours for employees or family members who contract COVID-19 (the “COVID-positive” bank) and 1 bank of 40 hours for other qualified reasons).

If an employer provides 2 banks of leave and an employee requires the use of leave that would qualify under both banks, the employer will use the “COVID-positive” bank unless the employee indicates otherwise.

These clarifications are meant to assist employers in meeting their responsibilities under the COVID-19 Supplemental Leave Law. Employers should use the information from this FAQ to plan out which method of administering leave makes the most sense in their business.