COVID-19: California's Labor Commission Issues Guidance and Model Notices on AB 1867's COVID-19 Supplemental Paid Sick Leave
Posted September 16, 2020

As promised, the California Labor Commissioner’s Office has now issued model notices and FAQs regarding California's new paid sick leave law. AB 1867 provides eligible employees with COVID-19 Supplemental Paid Sick Leave ("CSPSL"), and is effective on September 19, 2020.


The Labor Commissioner has issued two separate model notices for AB 1867’s CSPSL benefits; one for “Food Sector Workers,” and another for “Non-Food Sector Employees:"

  • For a copy of the model notice for food sector workers, click here.
  • For a copy of the model notice for non-food sector employees, click here.

These model notices and other related material are also available on the Department of Industrial Relations’ website here.

COVID-19 Supplemental Paid Sick Leave ("CSPSL") notices must be posted in a “conspicuous place” in the workplace, and should generally be posted in the same location at which other required workplace notices are posted. Covered employers may also provide the notice electronically or by mail to remote workers. The notices should be posted as soon as possible, and definitely not later than the effective date of the law on September 19, 2020.


The Labor Commission has also issued FAQs on California COVID-19 Supplemental Paid Sick Leave. Those FAQs can be found here. Employers should carefully review these FAQs for further information about this new leave law.


Remember that AB 1867’s COVID-19 Supplemental Paid Sick Leave applies to specific food sector employers, employers with 500 or more employees nationwide, and employers (public and private) of healthcare providers and first responders.

Under AB 1867, a covered worker is one who is:

  • subject to a federal, state or local quarantine or isolation order related to COVID-19; or
  • advised by a health care provider to self-quarantine or self-isolate due to COVID-19 concerns; or
  • prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19.

As mentioned in our prior AB 1867 update here, the third category above would include an employer-imposed quarantine for 14 days to protect the workplace from an employee who has or may have been exposed to COVID-19.

CSPSL will remain in effect until December 31, 2020 (the same date as the FFCRA). If the FFCRA is extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to the same end date as the FFCRA.


Finally, AB 1867 provides that just like normal California-mandated paid sick leave, covered employers also must list the amount of “available” COVID-19 Supplemental Paid Sick Leave on a covered employee’s paystub, or “in a separate writing provided on the designated pay date with the employee’s payment of wages.” This must be done no later than the next full pay period after the law becomes effective on September 19, 2020.

For questions regarding the above, or to obtain legal assistance regarding COVID-19 issues or other employment questions specific to your company, contact the employment attorneys at LightGabler.

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