Benefits for Workers Impacted by COVID-19
COVID-19 Supplemental Paid Sick Leave
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Workers' Compensation Presumption for COVID-19
SB 1159 enacted on September 17, 2020 and remains in effect through January 1, 2023 presumes that an employee’s illness related to coronavirus is an occupational injury and therefore eligible for workers’ compensation benefits if specified criteria are met.
An outbreak is defined for employers with 100 or fewer employees as 4 employees testing positive with PCR tests within a 14 day period, or for employers with more than 100 employees, 4 percent of the employees
testing positive in such a period.
Also, an outbreak is deemed to have occurred if the employer is closed by a local health department,
OSHA or a school superintendent due to risk of COVID-19 infection.
For these employees, the employer has 45 days to determine compensability from the date of the claim. If the claim is denied or no decision is made timely, the presumption is only rebuttable by evidence discovered after the initial 45-day period. Relevant evidence to controvert the presumption includes an employer’s efforts to reduce potential workplace transmission of COVID-19 and evidence of an employee’s other risk factors, and non-occupational risks of COVID-19 infection, i.e. an employee’s activities outside of the workplace.
Workers’ Compensation Presumption Frequently Asked Questions >>> Click Here
Workers Compensation Info
If you are unable to do your usual job because you were exposed to and contracted COVID-19 during the
regular course of your work, you may be eligible for workers’ compensation benefits.
Benefits include temporary disability (TD) payments, which begin when your doctor says you can't do your
usual work for more than three days or you are hospitalized overnight.
You may be entitled to TD for up to 104 weeks. TD stops when either you return to work, your doctor
releases you for work, or your doctor says your illness has improved as much as it's going to.
TD generally pays two-thirds of the gross wages you lose while you are recovering from a
work-related illness or injury, up to maximum weekly amount set by law. In addition, eligible employees are
entitled to medical treatment and additional payments if a doctor determines you suffered a
permanent disability because of the illness.
Learn more about your eligibility for Workers' Compensation benefits
File a Workers' Compensation claim
SB 1159 enacted on September 17, 2020 and remains in effect through January 1, 2023 presumes that an employee’s illness related to coronavirus is an occupational injury and therefore eligible for workers’ compensation benefits if specified criteria are met.
An outbreak is defined for employers with 100 or fewer employees as 4 employees testing positive with PCR tests within a 14 day period, or for employers with more than 100 employees, 4 percent of the employees
testing positive in such a period.
Also, an outbreak is deemed to have occurred if the employer is closed by a local health department,
OSHA or a school superintendent due to risk of COVID-19 infection.
For these employees, the employer has 45 days to determine compensability from the date of the claim. If the claim is denied or no decision is made timely, the presumption is only rebuttable by evidence discovered after the initial 45-day period. Relevant evidence to controvert the presumption includes an employer’s efforts to reduce potential workplace transmission of COVID-19 and evidence of an employee’s other risk factors, and non-occupational risks of COVID-19 infection, i.e. an employee’s activities outside of the workplace.
Workers’ Compensation Presumption Frequently Asked Questions >>> Click Here
Workers Compensation Info
If you are unable to do your usual job because you were exposed to and contracted COVID-19 during the
regular course of your work, you may be eligible for workers’ compensation benefits.
Benefits include temporary disability (TD) payments, which begin when your doctor says you can't do your
usual work for more than three days or you are hospitalized overnight.
You may be entitled to TD for up to 104 weeks. TD stops when either you return to work, your doctor
releases you for work, or your doctor says your illness has improved as much as it's going to.
TD generally pays two-thirds of the gross wages you lose while you are recovering from a
work-related illness or injury, up to maximum weekly amount set by law. In addition, eligible employees are
entitled to medical treatment and additional payments if a doctor determines you suffered a
permanent disability because of the illness.
Learn more about your eligibility for Workers' Compensation benefits
File a Workers' Compensation claim
COVID-19 FAQs: Disability and Paid Family Leave Benefits
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California State Disability Insurance/Sick or Quarantined
Individuals who are unable to work due to having or being exposed to
COVID-19 (certified by a medical professional) can
file a Disability Insurance (DI) claim.
Disability Insurance provides short-term benefit payments to eligible workers who have full or partial loss
of wages due to a non-work-related illness, injury, or pregnancy. Benefit amounts are approximately
60-70 percent of wages (depending on income) and range from $50 - $1,300 a week.
Individuals who are unable to work due to having or being exposed to
COVID-19 (certified by a medical professional) can
file a Disability Insurance (DI) claim.
Disability Insurance provides short-term benefit payments to eligible workers who have full or partial loss
of wages due to a non-work-related illness, injury, or pregnancy. Benefit amounts are approximately
60-70 percent of wages (depending on income) and range from $50 - $1,300 a week.
California Paid Family Leave/Caregiving
Californians who are unable to work because they are caring for an ill or quarantined family member
with COVID-19 (certified by a medical professional) can
file a Paid Family Leave (PFL) claim.
Paid Family Leave provides up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member or to bond with a new child. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week.
Californians who are unable to work because they are caring for an ill or quarantined family member
with COVID-19 (certified by a medical professional) can
file a Paid Family Leave (PFL) claim.
Paid Family Leave provides up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member or to bond with a new child. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week.
Unemployment Insurance/School Closures
If you are out of work or have had your hours reduced, you may be eligible to receive unemployment benefits.
If you have lost your job or have had your hours reduced for reasons related to COVID-19
Due to the impact of COVID-19, we made the following temporary exceptions for all Unemployment
Insurance claims until further notice:
Waiting Period – The 7-day waiting period is waived for claims beginning on or after January 19, 2020.
After you submit your first two-week continued certification, you will be paid for the first week of your claim.
Work Search – You are not currently required to look for work each week to be eligible for benefits.
COVID-19 related reasons for being out of work include the following:
You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and
are seeking a medical diagnosis.
You are unable to work because a health care provider advised you to self-quarantine
due to concerns related to COVID-19.
A member of your household has been diagnosed with COVID-19.
You are providing care for a family member or a member of your household who has
been diagnosed with COVID-19.
A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19
and the school or facility care is required for you to work.
You became the breadwinner or major support for a household because the head of the
household has died as a direct result of COVID-19.
You have to quit your job as a direct result of COVID-19.
Your place of employment is closed as a direct result of COVID-19.
You were scheduled to start a job that is now unavailable as a direct result of the COVID-19 public health emergency.
You are unable to reach the place of employment as a direct result of the COVID-19 public health emergency.
If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health
emergency has severely limited your ability to continue performing your customary work activities,
and has thereby forced you to stop working.
If your child’s school is closed, and you have to miss work to be there for them. Considerations include if you have no other care options and if you are unable to continue working your normal hours remotely.
Partial wage replacement benefit payments to workers who lose their job or have their hours
reduced, through no fault of their own.
Range from $40-$450 per week for up to 26 weeks.
Learn more about your eligibility for Unemployment Insurance
File an Unemployment Insurance claim
If you are out of work or have had your hours reduced, you may be eligible to receive unemployment benefits.
If you have lost your job or have had your hours reduced for reasons related to COVID-19
Due to the impact of COVID-19, we made the following temporary exceptions for all Unemployment
Insurance claims until further notice:
Waiting Period – The 7-day waiting period is waived for claims beginning on or after January 19, 2020.
After you submit your first two-week continued certification, you will be paid for the first week of your claim.
Work Search – You are not currently required to look for work each week to be eligible for benefits.
COVID-19 related reasons for being out of work include the following:
You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and
are seeking a medical diagnosis.
You are unable to work because a health care provider advised you to self-quarantine
due to concerns related to COVID-19.
A member of your household has been diagnosed with COVID-19.
You are providing care for a family member or a member of your household who has
been diagnosed with COVID-19.
A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19
and the school or facility care is required for you to work.
You became the breadwinner or major support for a household because the head of the
household has died as a direct result of COVID-19.
You have to quit your job as a direct result of COVID-19.
Your place of employment is closed as a direct result of COVID-19.
You were scheduled to start a job that is now unavailable as a direct result of the COVID-19 public health emergency.
You are unable to reach the place of employment as a direct result of the COVID-19 public health emergency.
If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health
emergency has severely limited your ability to continue performing your customary work activities,
and has thereby forced you to stop working.
If your child’s school is closed, and you have to miss work to be there for them. Considerations include if you have no other care options and if you are unable to continue working your normal hours remotely.
Partial wage replacement benefit payments to workers who lose their job or have their hours
reduced, through no fault of their own.
Range from $40-$450 per week for up to 26 weeks.
Learn more about your eligibility for Unemployment Insurance
File an Unemployment Insurance claim
Paid Sick Leave-ESL/Benefited
Refer to contract language Article 8 and 9
A covered employer cannot require a covered employee to use any other paid leave or unpaid leave, paid time off or vacation time provided by the covered employer before allowing them to use COVID-19 supplemental paid sick leave or
in lieu of COVID-19 supplemental paid sick leave.
If accrued sick leave is denied, file a Wage claim
Refer to contract language Article 8 and 9
A covered employer cannot require a covered employee to use any other paid leave or unpaid leave, paid time off or vacation time provided by the covered employer before allowing them to use COVID-19 supplemental paid sick leave or
in lieu of COVID-19 supplemental paid sick leave.
If accrued sick leave is denied, file a Wage claim
Paid Sick Leave/Non-Benefited
A covered employer cannot require a covered employee to use any other paid leave or unpaid leave, paid time off or vacation time provided by the covered employer before allowing them to use COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave.
The leave you have accumulated or your employer has provided to you under the Paid Sick Leave law.
Employees, including part-time and temporary employees, earn at least one hour of paid leave for every
30 hours worked. Sick time is paid at the employee’s current rate of pay.
Unused, accrued paid sick leave must be carried over to the following year and may be
capped at 48 hours, based on the employer’s policy.
Employers are not required to pay out accrued, unused paid sick days at the time of termination, resignation or retirement .
If an employee is rehired within one year, previously accrued and unused paid sick days shall be reinstated.
Paid to you at your regular rate of pay or an average based on the past 90 days.
Learn more about your eligibility for Paid Sick Leave
If accrued sick leave is denied, file a Wage claim
A covered employer cannot require a covered employee to use any other paid leave or unpaid leave, paid time off or vacation time provided by the covered employer before allowing them to use COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave.
The leave you have accumulated or your employer has provided to you under the Paid Sick Leave law.
Employees, including part-time and temporary employees, earn at least one hour of paid leave for every
30 hours worked. Sick time is paid at the employee’s current rate of pay.
Unused, accrued paid sick leave must be carried over to the following year and may be
capped at 48 hours, based on the employer’s policy.
Employers are not required to pay out accrued, unused paid sick days at the time of termination, resignation or retirement .
If an employee is rehired within one year, previously accrued and unused paid sick days shall be reinstated.
Paid to you at your regular rate of pay or an average based on the past 90 days.
Learn more about your eligibility for Paid Sick Leave
If accrued sick leave is denied, file a Wage claim
School Activities/Emergency Leave
In California, employers with 25 or more employees working at the same location must permit employees to take time off for certain child-related activities, including to address a child-care provider or school emergency. Such an emergency includes closure or unexpected unavailability of the school or child-care provider.
Employees may take up to 40 hours each year for school activities. Employees are limited to eight hours per month for most activities, but that limitation doesn’t apply to emergencies. Thus, employees may be able
to use all 40 hours for the current school closures.
The parent has a child who attends kindergarten or grades 1 through 12 or is with a licensed childcare provider.
The law includes the following-Parent, legal guardian, stepparent, foster parent, grandparent,
or person standing in loco parentis to the child.
If both parents work for the same employer, only one parent is allowed to take leave at any given time. The parent who files first for leave is given priority. Employers may allow both parents to take leave, but that is up to the employer.
A parent is required to provide notice of the intent to take time off from work.
Employers may ask for proof that the employee utilized the time for child related-activities permitted under the law.
For purposes of leave, employees are required to use existing vacation days, personal days, or other compensatory time.
An employee is also allowed to utilize any time off without pay as provided by the employer
Employees may take up to 40 hours each year for school activities. Employees are limited to eight hours per month for most activities, but that limitation doesn’t apply to emergencies. Thus, employees may be able
to use all 40 hours for the current school closures.
The parent has a child who attends kindergarten or grades 1 through 12 or is with a licensed childcare provider.
The law includes the following-Parent, legal guardian, stepparent, foster parent, grandparent,
or person standing in loco parentis to the child.
If both parents work for the same employer, only one parent is allowed to take leave at any given time. The parent who files first for leave is given priority. Employers may allow both parents to take leave, but that is up to the employer.
A parent is required to provide notice of the intent to take time off from work.
Employers may ask for proof that the employee utilized the time for child related-activities permitted under the law.
For purposes of leave, employees are required to use existing vacation days, personal days, or other compensatory time.
An employee is also allowed to utilize any time off without pay as provided by the employer
AB 685 – COVID Reporting
This new law provides that if an employer receives a notice of potential exposure to COVID (e.g. notice that an employee has COVID or was exposed to COVID in the workplace), the employer must take all of the following steps
within ONE BUSINESS DAY of the notice of potential exposure:
within ONE BUSINESS DAY of the notice of potential exposure:
- Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the qualifying individual [e.g. an employee who was diagnosed with COVID, ordered to isolate in accordance with an official health order, or died of COVID) within the infectious period that they may have been exposed to COVID. Written notice should be provided in the manner normally used to communicate employment-related information and may include personal service, email, or text message.
- Provide a written notice to the exclusive representative, if any, of the employees. This notice must include the same information that is required to be reported in a Cal/OSHA Form 300 injury and illness log (regardless of whether the employer is required to maintain such a log).
- Provide all employees who may have been exposed and the exclusive representative, if any, with information regarding COVID-related benefits to which the employee may be entitled under applicable federal, state, or local laws, including, but not limited to, workers’ compensation, and options for exposed employees, including COVID-related leave, company sick leave, state-mandated leave, supplemental sick leave, or negotiated leave provisions, as well as anti-retaliation and anti-discrimination protections of the employee.
Notify all employees, and the employers of subcontracted employees and the exclusive representative, if any, on the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control.
In addition to the foregoing, if an employer is notified that its number of cases meet the definition of a COVID “outbreak,” as defined by the State Department of Public Health, the employer has additional reporting obligations to their local public health agency within 48 hours.
The foregoing reporting requirements do not apply to employees who, as part of their duties, conduct COVID testing or screening or provide direct patient care or treatment to individuals who are known to have tested positive for COVID, are persons under investigation, or are in quarantine or isolation related to COVID, unless the qualifying individual is an employee at the same worksite.
Employers are required to maintain records of the required employee/union notifications for 3 years.
In addition to the foregoing, AB 685 gives Cal/OSHA authority to prohibit certain operations or processes, or even entry into a workplace, if it determines that all or part of a workplace exposes workers to the risk of infection with COVID to constitute an imminent hazard to employees.
Personal Protective Equipment
Protections at Work for Covid-10
