COVID-19 Supplemental Sick Leave for California Employers (SB 95) — Mar. 29 until Sept. 30, 2021

Supplemental Sick Leave

California Employers Must Provide 80 Hours of Paid COVID-19 Supplemental Sick Leave

Health and medical insuranceOn March 19, 2021, Gov. Gavin Newsom signed Senate Bill 95, which extends and expands the requirement for employers to provide supplemental paid sick leave to employees affected by COVID-19. 

The law places new paid leave requirements on most California employers, and it requires their immediate attention. 

Gov. Newsom explained the reason for the new law: “Paid sick leave gives workers the time they need to care for themselves and loved ones while keeping their co-workers, families, and community safe.” 

The law takes effect immediately, but includes a 10-day grace period for employers to start providing sick leave. Employers must begin providing the leave on March 29, 2021.

The new law applies retroactively to Jan. 1, 2021, and will remain in effect until Sept. 30, 2021. It’s enforced by the California Labor Commissioner. 

The Michael Sullivan & Associates online e-book, Navigating COVID-19: A Legal Guide For California Employers, has been updated with the salient provisions of SB 95. View it in context under California Enacts New Supplemental Sick Leave Mandate Effective March 19, 2021.

Prior Supplemental Sick Leave Laws Applicable to California Employers

Last year, Assembly Bill 1867 was enacted in California to provide supplemental paid sick leave to employees at businesses with 500 or more workers. It was intended to fill the gaps for employees not covered by the federal Families First Coronavirus Response Act (FFCRA), which applied to all employers with a workforce up to 500 employees.

AB 1867 and the FFCRA expired on Dec. 31, 2020. Note: SB 95 does not extend either piece of legislation, but creates an entirely new mandate with a new required “bank” of available paid sick leave. So even if California employers paid out supplemental paid sick leave in 2020, they must create new leave banks for eligible employees in 2021. 

  • Covered Employers — The new law applies to all California employers with more than 25 employees. 

  • Eligible Employees — Employees who are not able to work or telework for any of the reasons detailed in the legislation qualify for the paid leave. No length of service is required to be eligible for leave. Employees may request the leave orally or in writing. 

  • Qualifying for Leave — The first two qualifying reasons for leave (below) were included in the original California and FFCRA paid sick leave laws. SB 95 adds five more. Qualifying reasons for SB 95 leave are:

    • The employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guideline of the state Department of Public Health, the federal Centers for Disease Control and Prevention (CDC), or a local health officer with jurisdiction over the workplace.

    • The employee has been advised by a health-care provider to self-quarantine due to concerns related to COVID-19.

    • The employee is attending an appointment to receive a vaccine for protection against COVID-19.

    • The employee is experiencing symptoms related to a COVID-19 vaccine that prevents him or her from being able to work or telework.

    • The employee is experiencing symptoms related to COVID-19 and is seeking medical diagnosis.

    • The employee is caring for a family member who is subject to a quarantine for isolation order or has been advised to self-quarantine.

The employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19.

Employees Are Eligible for Up to 80 Hours of Leave

Full-time employees are entitled to 80 hours of COVID-19 supplemental paid sick leave.

Full-time is defined as an employee classified as full-time by the employer, or who was scheduled to work, on average, 40 hours or more per week in the two weeks preceding the date on which leave is taken.

If an employee is not considered full time, his or her schedule and length of employment will determine the amount of leave entitlement as follows: 

  • An employee with a regular schedule is entitled to the total number of hours he or she normally is scheduled to work for the employer over two weeks.

  • An employee with a variable schedule is entitled to 14 times the average number of hours he or she worked each day for the employer in the six months preceding the leave.

  • An employee with a variable schedule who has worked for the employer for 14 days or fewer is entitled to the total number of hours he or she has worked for the employer.

  • Nonexempt employees’ pay is calculated as the highest of:

    • the employee’s regular rate of pay for the work week in which he or she uses the leave;

    • a formula dividing the covered employee’s total wages not including overtime by his or her total hours worked in the full pay period of the previous 90 days of employment;

    • the state minimum wage;

    • the local minimum wage to which the employee is entitled.

Exempt employees should be paid at the rate the employer calculates wages for other forms of paid leave time.

Currently, the amount paid for supplemental paid sick leave is capped at $511 per day, and an aggregate $5,110.

Employees who reach the maximum supplemental leave payout may use other available paid leave including vacation, paid time off (PTO), or other sick leave to supplement their salary so that they earn up to 100% of their regular salary.

Interaction with Other Leave Laws

An employer may not require an employee to use other paid or unpaid time off before the employee uses SB 95 leave. 

California Sick Leave – The Healthy Workplace Healthy Family Act

SB 95’s paid sick leave is in addition to any paid sick leave available pursuant to California’s sick leave law, known as the Healthy Workplace Healthy Family Act of 2014, established in Labor Code section 246.

Cal/OSHA Emergency Temporary Standards Required Paid Leave

Late last year, Cal/OSHA enacted Emergency Temporary Standards (ETS) that required employers, among other things, to prepare and implement a COVID-19 Prevention Program. Employers also had to provide “continued earnings” to employees who were excluded from the workplace because of work-related exposures or positive COVID-19 cases. SB 95 clarifies that employers may require an employee to exhaust supplemental paid sick leave under SB 95 before becoming eligible for “continue earnings” under the ETS.

If an employee took leave for an SB 95 qualifying reason after Jan. 1, 2021 pursuant to any federal, state, or local law, or employer-provided COVID-19 leave, it can be counted as leave provided under SB 95. The employer might be required to provide retroactive payment to the employee for the leave taken if it was unpaid or not paid at the level required by SB 95.

Retroactive Pay Requirement 

SB 95 supplemental sick leave is retroactive to Jan. 1, 2021. The new law establishes these provisions for retroactive payments:

  • The employee took supplemental paid sick leave specific to COVID-19 on or after Jan. 1, 2021 (for example, a city-mandated leave for quarantine).

  • The leave was for one of the reasons covered by SB 95, as defined above.

  • The leave was either unpaid or paid at a lower rate than mandated by SB 95. 

If all of these conditions are met and the employee requests retroactive pay either orally or in writing, the employer must comply.

Once retroactive payments are made, employers may take credit for the leave hours previously provided.

Retroactive payments must be paid on or before the next full payroll period after the employee requests it. 

Employers might have to replenish the PTO, vacation, or other leave banks of employees who used them while on an SB 95 leave prior to its enactment.

Notice Requirements

Employers must provide employees with notice of the new law. The Labor Commissioner’s Office will release a model notice by the end of March. Employers may provide this notice electronically.

Pay Stub Requirements

  • The COVID-19 supplemental paid sick leave balances must be included on itemized wage statements.

  • The COVID-19 supplemental paid sick leave must be denoted separately from regular paid sick days.

For employees that have part-time and variable schedules (making their leave entitlements variable), the new law specifies that the employer satisfy the wage statement obligation by doing an initial calculation of leave available and indicating “variable” next to it on the initial and subsequent wage statements. The calculation must be updated when leave is taken. 

In-Home Health-Care Providers and Firefighters 

A separate section in SB 95 outlines similar leave requirements for providers of in-home health care and supportive services firefighters.

Compliance Recommendations 

Employers are encouraged to take these steps to ensure compliance with the new law. 

  • Educate and train human resources and payroll employees about the new supplemental paid sick leave requirements. Employers might want to include in the training the new law’s impact on Cal/OSHA’s emergency temporary standard (ETS) exclusion pay, as well as the requirement that the employer replenish vacation, sick leave, and PTO banks for leave taken since Jan. 1, 2021 for a covered reason.

  • Direct payroll employees to create or reinstate a separate COVID-19 supplemental paid sick leave designation on wage statements.

Watch for and post and/or electronically distribute the COVID-19 supplemental sick leave model notice the labor commissioner issues.

4 Things You Need to Know About The 2019 Measles Outbreak

California health insurance

One of the most interesting health issues to resurface this year has been the Measles. Which is interesting because, in the year 2000, the United States was able to declare that the Measles had been eliminated. However, in these last six months, we have seen 1077 cases. A number that is still growing. The last time we saw these kinds of numbers was in 1992. Here is what you need to know about these recent outbreaks:

1. Over 26 states have reported a Measles breakout

These states include: Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, New Mexico, Nevada, New Hampshire, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Texas, Tennessee, and Washington.

2. Small Community Centered

Most of the reported breakouts include a small number of people affected; only a couple at a time. But the most significant reported amounts are in an Orthodox Jewish Community in New York City, specifically in Rockland County. This group has been vaccine skeptic, and the measles virus has spread wildly. So much so that the mayor of New York City, Bill de Blasio, declared a public health emergency on April 9th. He said that anyone who has not been vaccinated within a specific zip code must get the vaccine. If they refused, they would be fined $1,000.

3. It’s an aggressive virus.

You may have the virus and not show any symptoms. A person can have it up to four days before they ever show signs, and they can easily infect another person during that time if a person who has contracted the measles were to walk into a room, cough and then leave. Hours later, an unvaccinated person could get the virus from the droplets in the air from the infected person. No other virus can do that.

4. It’s making its way into the US from tourists

Many of the outbreaks that stemmed from people that have traveled to countries where measles still is a significant problem. Outbreaks in California have originated from strains of measles found in Vietnam or Thailand. New York’s epidemic seems to come from Jerusalem. If you are traveling to another country this summer, the CDC recommends that you are up on your vaccines so that you do not contract this aggressive virus.

If more people are vaccinated, it creates what is called the herd effect. It helps the people who cannot get vaccines like small children or people or autoimmune diseases from getting the disease. If you need to check up on your vaccines, make sure to call your doctor. If you have already been vaccinated for measles, most people do not need a have the vaccine again, but if you got it before 1967, you might. Your doctor will be able to help you determine what you need as far as vaccines go.

Small Changes to make for Heart Health

Heart Health

Small Changes to make for Heart Health

In this blog, we want to cover some changes that you can implement to help with your heart health. Our previous blog covered just how much heart disease affects Americans and also how deadly it is. Almost half of Americans today are at risk for heart disease, and many participate in a lifestyle that puts them at higher risk such as poor diet, no or little physical activity, smoking, excessive alcohol use, and obesity.
So here are some excellent tips if you want to help lower your risk of heart disease

 

Eat a balanced diet with lots of colors
A balanced diet consists of lots of vegetables, fruits, whole grains, lean meats and low-fat dairy products. Two diets that are highly recommended are the DASH diet or the Mediterranean diet. Both are noted to be a more balanced approach to dieting allowing people to stick with their plan and not crash and burn when they start to crave foods that are not allowed. If you don’t want to follow anything as formal as these diets, a helpful approach is to watch your portion size. Try using a small plate, that will immediately help cut your portions. And you will want to make sure that you are eating a lot of colors. More colors are in fruits and vegetables which are excellent for heart health.

 

Stop smoking
Smoking introduces deadly chemicals into your body. It also can build up plaque and harden your arteries which can ultimately lead to a heart attack. The good news is that as soon you do quit smoking the effects are immediate and your risk for heart disease begins to lower quickly.

 

Get up and move!
As with all healthy lifestyles, we recommend some moderate activity. Exercise allows you to keep your weight down which in turn reduces your chance of cardiovascular disease. We suggest something that will get your heart pumping for about 30 minutes each day.

 

See your doctor

Your doctor can give you the best information and recommendations about your heart’s health. Let them know that you are looking to make this a priority and they can walk you through what needs to change in your life or what additions will make all the difference.

Your heart health is important. Call us to schedule a meeting if you don’t have health coverage and are interested in seeing what your options are. Or request a quote online.

American Heart Month

American Heart Month

American Heart Month

February is American Heart Month! Your heart is one of the most important organs you have because it keeps everything else working properly. Not taking care of your heart can lead to some serious health risks. Here are some statistics taken from heart.org* on where our country stands on taking care of their hearts.

 

  • 220.8 per 100,000:  The overall rate of death attributable to Cardiovascular Disease, based on 2014 data.
  • On average, someone died of Cardiovascular Disease every 40 seconds. That is about 2,200 deaths of CVD each day.
  • More than 65% of US adults have 2, 3, or 4 criteria at ideal cardiovascular health, with ≈20% adults within each of these categories. At any age, females tend to have more metrics at ideal levels than do males. Blacks and Hispanics tend to have fewer metrics at ideal levels than whites or other races.
  • 85.7 million, or 34.0% of US adults are estimated to have hypertension, based on 2011-2014 data.
  • 28.5 million, or 11.9% of US adults are estimated to have total serum cholesterol levels ≥240 mg/dL, based on 2011-2014 data.
  • 1 in 6 males and 1 in 7 females in the United States are current smokers, based on 2015 data.
  • On average, 1 in 3 adults, or 30.4% Do not engage in leisure time physical activity. Hispanic and Non-Hispanic black adults were more likely to be inactive.

American Heat month
image source: www.cdc.gov

After seeing these facts, it may be easier to understand precisely why there is a whole month set aside to put a spotlight on heart health. Heath Disease is still one of the leading causes of death for men and women in the United States. That’s why we want to do whatever we can to help get the word out about taking care of your heart. In our next blog, you will find some critical steps that you and your loved ones can do to keep yourselves from being a high risk for heart disease.

Healthcare in the News – September Edition

Zika Virus and Cancer Cells

Healthcare in the News – September Edition

There have some interesting findings as a team of researchers discovered that the Zika virus kills off the cells that make a type of brain cancer called glioblastoma. This is the most common and most aggressive form of brain cancer and is the kind of cancer that Senator John McCain has been diagnosed with as well as the type of cancer that ultimately lead to the death of Beau Biden and Senator Ted Kennedy. This kind of cancer is severe, and many patients do not live past five years of their diagnosis; making the potential of this discovery invaluable.

 

The Zika virus has been getting a lot of press lately, and that leads people to have some basic information but not the full picture of what the Zika virus does. The Zika virus it is not considered to be a severe infection for a healthy adult except for when it infects pregnant women because then it has the propensity to attack the developing nervous system of the child leading to a variety of abnormalities.  So knowing that investigators realized that this particular virus attacks early cells in the development of the nervous system. With this particular type of cancer, it was surmised that if you could infect these cells with Zika virus, they would selectively destroy the tumor cells and leave the mature components of the nervous system in the brain. And the first series of experiments did show that in a test tube situation the primitive cells were highly susceptible to being destroyed by the Zika virus. The researchers went further and tested mice that had been infected with glioblastoma and as it turned out the mice which were infected with the Zika virus lasted longer than the mice in the control group.

 

These are still very early experiments done in the test tube and a mouse model, but it at least opens the door to the possibility that you might utilize the capability of this virus to destroy cells in the nervous system that are early in development to become cancer cells. The researchers are excited about their findings but realize that in these beginning phases there is no way to tell if these tests will lead to any real treatments. We will have to keep an eye out for the future of these discoveries.

Welcome to the new Bernardini & Donovan Insurance Blog

Welcome to the new Bernardini & Donovan Insurance Blog.

We are here to help you find a quality Healthcare Plan that is affordable for you and your budget. We specialize in Family Health InsuranceIndividual Health Insurance, Group Health, Short Term Health Insurance, Critical Illness InsuranceAccident Insurance and Child Only Coverage. Now is the time to Maintain your good health by receiving the proper Healthcare without paying out of pocket. The cost of Healthcare is rising everyday, so save money now by applying for Health Insurance with West Coast Health Plans. For more information we invite you to visit our website: westcoasthealthplans.net.

 

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