Governor Newsom has signed AB 1867 which provides paid sick leave to certain employees excluded from coverage by the federal Families First Coronavirus Response Act (FFCRA). This bill sought in part to “establish COVID-19 supplemental paid sick leave for covered workers, including certain persons employed by private businesses of 500 or more employees or persons employed as certain types of health care providers or emergency responders by public or private entities. The bill would require the Labor Commissioner to make publicly available a model notice relating to COVID-19 supplemental paid sick leave for covered workers for purposes of the posting requirements under existing law. The bill would permit notice by electronic means in lieu of posting, for purposes of COVID-19 supplemental paid sick leave only, if a hiring entity’s covered workers do not frequent a workplace.”

The bill also appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the COVID-19 supplemental paid sick leave for covered workers and COVID-19 food sector supplemental paid sick leave.

While most of the law does not apply to the public sector, there is one part that does. AB 1867 adds Labor Code section 248.1 which provides 80 hours of supplemental paid sick leave to employees excluded from the FFCRA as “health care providers” or “emergency responders.” This section expressly applies to the public sector. The criteria and application of the paid sick leave generally follow the FFCRA but does not match it entirely. For employees of a public or private agency that exempted health care workers from the FFCRA, it would be very beneficial to take a look at the law’s requirements.

For more information on the AB 1867, click here: