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Supplemental Paid Sick Leave for California Food Sector Workers at Companies with 500 or More Employees

On April 16th, Governor Gavin Newsom signed an Executive Order providing supplemental paid sick leave to large company food sector workers.  The Executive Order covers California farmworkers, workers in the retail food supply chain, including pick-up, delivery, supply, packaging, retail, and preparation.  Eligible workers thus include grocery workers, restaurant or fast food workers, workers at warehouses where food is stored, and workers who pick-up or deliver any food items.

The Order provides paid sick leave on essentially the same basis as the Families First Coronavirus Response Act (“FFCRA”). Only workers who are currently working and scheduled for work are eligible. It provides for up to two weeks of pay at the employee’s normal rate of pay with the same caps and minimums as the FFCRA.

Employers are not required to provide Covid-19 Supplemental Paid Sick Leave if they already provide food-sector workers with supplemental benefits, such as paid leave, that are payable for similar reasons and that would at least equal the supplemental paid sick leave compensation, according to the order’s text.

Unlike the FFCRA, it appears the funding for this benefit is not reimbursed by any governmental agency.

For more information, please see https://www.dir.ca.gov/dlse/FAQ-for-PSL.html.

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This article provides general information and shouldn’t be construed as legal or HR advice. Since employment laws may change over time and can vary by location and industry, please consult a lawyer or HR expert for advice specific to your business. You can also contact Payroll Systems to inquire about our HR support services.