2022 Annual Legislative Summary, COVID-Related Developments – Part 3
January 9, 2023 by Beeson Tayer & Bodine
We are presenting our annual Legislative Summary in four parts this year – this is part three:AB 1751 – Extension of Workers’ Compensation Provisions
by Lorrie E. Bradley
California workers’ compensation law requires compensation for employees who are injured or become sick if they can prove that the illness or injury is work related. A previous bill established a rebuttable presumption that COVID is work-related if an employee became sick or died of COVID after being exposed at work. The presumption means that the employee does not have to prove that the illness was work related, but instead places the burden on the employer to prove that it was not work related. This bill extends that presumption one more year through January 1, 2024, and makes it easier for sick employees to get workers’ compensation benefits if they are exposed to COVID at work.
AB 2693 – COVID Notification Requirements (Labor Code section 6325)
by Lorrie E. Bradley
Earlier in the pandemic, the legislature required employers to provide notification to employees if they had been exposed in the workplace. This bill extended the requirement to notify workers about COVID exposure one more year, until January 1, 2024. Employers are no longer required to report workplace exposures to the county health department, however.
SB 114 – Supplemental Paid Sick Leave (Labor Code sections 248.6 and 248.7)
by Lorrie E. Bradley
In February 2022, the Legislature passed SB 114, which extended paid COVID sick leave to cover the period of January 1, 2022 through September 30, 2022. This law provided up to 80 hours of paid sick leave for employees who are sick with COVID or in quarantine, are caring for family members who are sick or quarantined, are caring for children whose school or childcare is closed due to COVID, or who are attending a vaccination appointment or taking a family member to be vaccinated. The second week of leave requires the employee to submit proof of a positive COVID test. On September 29, 2022, the Governor signed AB 152, which extended the time for employees to use the 80 hours of paid COVID sick leave through December 31, 2022.
SB 1044 – Employees Excused from Work During “Emergency Conditions”
by Kelli Sanshey
SB 1044 allows employees to leave work or refuse to report to work during an “emergency condition.” “Emergency condition” means the existence of either: (1) conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or (2) an order to evacuate a workplace, worksite, worker’s home, or the school of a worker’s child due to natural disaster or a criminal act. “Emergency condition” does not include a health pandemic.
This law is not applicable to various employees, including but not limited to: (1) first responders; (2) disaster service workers; (3) employees required by law to render aid or remain on the premises in case of an emergency; (4) employees of a licensed residential care facility; and (5) employees performing essential work on nuclear reactors or nuclear materials or waste.
SB 1044 also prohibits employers from taking adverse action against an employee for refusing to report to or leaving work during an emergency condition.
Cal/OSHA Emergency Temporary Standard on COVID
by Lorrie E. Bradley
Cal/OSHA has been operating under an emergency temporary standard that requires employers to take safety measures to protect workers from COVID exposure on the job. The standard was most recently updated in May to bring the testing, quarantine, and exposure rules in line with those from the state health department. Masks are no longer mandatory at work under the standard, unless the state health department requires them (such as in health care facilities). Employers must still permit employees to wear masks if they choose to do so and provide high-quality respirators on request. Employers must also provide access to COVID testing for workers who have been exposed or develop symptoms at work. Cal/OSHA will consider a permanent COVID prevention standard in December 2022, to take effect once the emergency temporary standard expires on December 31, 2022.
Proposition G – San Francisco Public Health Emergency Leave
by Alex J. Ellenberger
Employees in San Francisco are now entitled to up to two weeks of paid leave when a public health emergency is declared by the City’s local health officer or the state health officer. This includes air quality alerts for vulnerable individuals working outdoors. Leave can be used by a sick employee or to care for a sick family member. Only SF employers with over 100 employees worldwide are covered by this law. No public health emergency is currently in effect. Updates can be found here: https://sf.gov/resource/2022/public-health-emergency-declarations, and here: https://www.sparetheair.org/. A new poster and FAQ are available here: https://sfgov.org/olse/public-health-emergency-leave-ordinance.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
