Sunday, November 27, 2022

How to Handle Paystub Listing for COVID Supplemental Paid Sick Leave

I read that the California COVID Supplemental Paid Sick Leave expired on September 30, but I haven’t seen anything about the requirement to list the hours on the employee’s paystub. Do I still need to list the hours of the supplemental paid sick leave after September 30, 2021?

You are correct that California’s 2021 COVID-19 Supplemental Paid Sick Leave expired on September 30, 2021. However, if an employee was on the leave on or before September 30, you must continue to pay that employee under the government’s mandate until either the employee is able to return to work, or he/she has exhausted his/her available hours of the supplemental sick leave.

If you had an employee who used the supplemental sick leave after September 30, then those hours paid under the law would be listed on the paystub (wage statement).

‘Available Hours’

If your question pertains to the requirement that an employer list the “available” hours of supplemental sick leave on the wage statement, then the answer is different.

In that the government mandate expired on September 30, for all employees who were not actually using the supplemental paid sick leave as of that date, there were no available hours remaining.

Consequently, unless an employee was on the leave on or after September 30, you no longer have to list the available hours because there were no hours available to the employees to use.

Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred and executive members. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.

Staff Contact: David Leporiere

David Leporiere
David Leporiere
David Leporiere joined the CalChamber in 2014 and currently serves as an HR adviser. Specializing in employment and labor law on behalf of businesses and business owners, he also has provided training for employers on a wide variety of employment-related topics, including discrimination, harassment, wage and hour, and leave laws and regulations. He holds a J.D. from the University of California, Davis.

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