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2022 COVID-19 Supplemental Paid Sick Leave (SPSL) FAQ's

SB114 reauthorizes COVID-19 Supplemental Paid Sick Leave (“SPSL”), providing paid leave entitlements to employees who are unable to work or telework due to a number of qualifying reasons related to COVID-19. The law becomes effective on February 19, 2022 and will require covered employers to provide SPSL to qualifying employees retroactive to January 1, 2022 and through September 30, 2022.

The law requires that covered employers provide SPSL to any employee who cannot work or telework due to symptom/quarantine/vaccine related to COVID-19 as noted below:

1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.

2. The employee been advised by a health care provider to self-quarantine or isolate due to COVID-19.

3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

4. The employee is caring for a family member (child, a parent, spouse, registered domestic partner, grandparent, grandchild, or sibling) who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

5. The employee is caring for a child whose school or place of care is closed or otherwise unavailable, due to COVID-19 on the premises.

6. The employee is attending an appointment for themselves or a family member to receive a COVID-19 vaccine or vaccine booster1.

7. The employee is experiencing symptoms, or caring for a family member (child, a parent, spouse, registered domestic partner, grandparent, grandchild, or sibling) experiencing symptoms, related to receiving a COVID-19 vaccine or vaccine booster that prevent the employee from working or teleworking1.

Full-Time Employees – are eligible for up to 40 hours (up to 5 days) per week based on the regular work schedule.

Regular Part-Time Employees – if the employee has a regular weekly schedule, then the employee is eligible for an amount of SPSL equivalent to up to one regular workweek.

Temp/Seasonal Employees – are eligible for up to the average number of hours the employee worked each workday over the last six months (multiplied by 7).  If the employee has worked for fewer than six months, the employee is eligible for up to the total daily average hours (multiplied by 7).

Firefighters – Firefighters who were scheduled to work more than 40 hours in the workweek before they take SPSL are entitled to the amount of SPSL equal to the “total number of hours that the covered employee was scheduled to work for the employer in that workweek,” which may exceed 40 hours.

In addition to the leave amounts described above, SB 114 also grants employees a separate “leave bank” of SPSL if the covered employee tests positive for COVID-19, or is caring for a family member (child, a parent, spouse, registered domestic partner, grandparent, grandchild, or sibling) who tested positive for COVID-19.

In the case of a positive test result, an employee is eligible for an equivalent amount of leave as provided to the employee for qualifying reasons 1 through 7, provided the employee provides a copy of the positive test result(s), clearly identifying the name of the employee or qualified family member and the date of the test.

Employees receiving SPSL after a positive COVID test are required to test on day five, following the initial positive test.  If you test negative for COVID-19 on or after day five and do not present COVID-19 symptoms, you may end your isolation period and return to work.  HR will provide a rapid test upon request or the employee can seek a free COVID test through their medical provider or a local testing site.

Compensation is based on the employee’s regular rate of pay, excluding overtime, capped at $511 per day ($5,110 in total).  If an employee’s regular compensation exceeds $511 per day, the employee may elect to supplement the SPSL maximum pay amount with other accrued paid leaves to make up the difference in pay.

If an employee was unable to work or telework due to any of the qualifying reasons noted above and used another paid leave (or went unpaid), the employee may request that SPSL be applied retroactively by completing the 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) Request form.

1 Up to 24 hours of sick leave may be used to obtain the vaccine/ booster and for any subsequent symptoms

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