To: Board of Supervisors of the County of Sonoma, Board of Directors of the Sonoma County Water Agency, Board of Commissioners of the Community Development Commission, and Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Human Resources Department
Staff Name and Phone Number: Janell Crane, 707-565-2885
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Implementation of Required California COVID-19 Leave
End
Recommended Action:
Recommended action
Adopt a Resolution to ratify the County Administrator’s decision under delegated emergency authority to implement the COVID-19 Leave and waive daily and aggregate pay caps in the implementation of California’s required Supplemental Paid Sick Leave (SPSL) benefits, effective January 1, 2022 through September 30, 2022, for County of Sonoma, Sonoma Water, Sonoma County Community Development Commission, Agricultural Preservation and Open Space District, and Sonoma County Fair and Exposition, Inc. employees.
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Executive Summary:
On February 9, 2022, Governor Newsom signed into law Assembly Bill 84, codifying new requirements for employers to provide employees up to 80 hours of Supplemental Paid Sick Leave (SPSL) for employees unable to work or telework due to specific, COVID-19 related leave needs. The SPSL benefits include daily and aggregate pay caps.
Human Resources is requesting the Board ratify the County Administrator’s decision made under delegated authority due to the short time frame for implementation to waive the pay caps in order to maintain consistent implementation with the administration of prior mandated COVID-19 related, paid sick leave benefits.
Discussion:
On February 9, 2022, Governor Newsom’s legislation required employers to provide up to 80 hours of a new Supplemental Paid Sick Leave benefit for employees unable to work or telework due to specific, COVID-19 related reasons, through September 31, 2022. The legislation recognizes the continued need for employees to have paid sick leave available in order to prevent sick workers from coming to work, to encourage vaccination, and to support employees as they continue to struggle with school and childcare closures due to positive COVID-19 cases. This is the third, similar, COVID-19 specific leave benefit for employees.
On March 18, 2020, then President Trump signed into law the Families First Coronavirus Act (FFCRA) which included a requirement for employers to provide up to 80 hours of Emergency Paid Sick Leave (EPSL) for employees who were unable to work or telework due to specific COVID-19 related reasons. EPSL included caps on daily and aggregate pay for employees using the leave. The capped pay would then need to be supplemented by an employee’s own leave accruals. When the County implemented EPSL, authority was provided to waive the daily and aggregate pay caps due to the unequal impact the caps had on employees working schedules in excess of 8 hours per day. Additionally, administration of the pay caps and supplemental leave accruals also created a significant administrative burden. FFCRA and EPSL expired on December 31, 2021, but subsequent legislation provided employers with an option of extending the existing benefit.
On January 5, 2021, your Board extended use of any remaining EPSL hours through March 30, 2021.
On March 19, 2021, Governor Newsom signed into law Senate Bill 95 (SB 95) codifying new obligations for public agency employers to provide up to 80 hours of COVID-19 Supplemental Paid Sick Leave (SPSL) to employees who are unable to work or telework due to specific reasons related to COVID-19. The qualifying reasons for use of SPSL mirrored the use of FFCRA’s EPSL, and was to be available retroactively to January 1, 2021. SPSL also included daily and aggregate pay caps. On April 6, 2021, your Board approved implementation of the paid sick leave benefits, including a continuation of the waiver of daily and aggregate pay caps. Those paid sick leave benefits expired on September 31, 2021.
In order to maintain consistency in administration of required paid sick leave benefits, to continue providing equitable benefits to employees, and to limit the administrative burden these benefits create, Human Resources is requesting your Board continue the established implementation practice of waiving the daily and aggregate pay caps provided to employers under AB-84.
Strategic Plan:
N/A
Prior Board Actions:
1/5/2021 - BOS extended use period of EPSL
4/6/2021 - BOS implementation of new paid sick leave benefits
Fiscal Summary
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Narrative Explanation of Fiscal Impacts:
The Supplemental Paid Sick Leave benefit will be provided with existing budgeted funds.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
1. Supplemental Paid Sick Leave Summary
2. Resolution
Related Items “On File” with the Clerk of the Board:
None