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COVID-19 Related Leave Information

This page contains information pertaining to leave options available to employees due to COVID-19.

California Labor Code Section 248.2 provides for paid leave to assist employees impacted by COVID-19.  Employees may access COVID-19 Supplemental Paid Sick Leave (SPSL) only when the employee has an assigned function/role that is capable of being performed, either onsite or at a remote location, but the employee is unable to perform the assigned duties due to certain, specific COVID-19 related reasons. This new paid leave provision became effective March 29, 2021 and expires on September 30, 2021.

 Employees are eligible from the first day of employment.

Full-time employees are entitled to 80 hours of leave. Employees who are normally scheduled to work less than 40 hours each workweek are entitled to leave up to the number of hours the employee is normally scheduled to work over a two workweek period. The leave entitlement calculation for employees who work a variable number of hours is dependent on length of employment.

An employee is entitled to take Supplemental Paid Sick Leave (SPSL) if the they are unable to work, including telework, because the employee:

  1. Is subject to a quarantine or isolation period related to COVID-19, as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace.
  2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
  3. Is attending an appointment to receive a vaccine for protection against contracting COVID-19.
  4. Is experiencing symptoms related to a COVID-19 vaccine.
  5. Is experiencing COVID–19 symptoms and seeking a medical diagnosis.
  6. Is caring for a family member who is subject to an order or guidelines as described in (1) or self-quarantine as described in (2) above.
  7. Is caring for a child whose school or place of care has closed or otherwise unavailable for reasons related to COVID-19 on the premises.

If an employee is working onsite and requesting leave for reasons 1, 2, 5 or 6, leave must be taken in full-day increments (prorated for part-time employees). Once an employee begins taking leave for one or more of these qualifying reasons, they must continue to take leave each day until the employee either uses the full amount of SPSL or no longer has a qualifying reason for taking the leave. Intermittent leave must be agreed to by the employee and district and may only be taken if the employee is either (a) teleworking and requesting leave for any of the seven reasons or (b) working at their usual worksite and requesting leave under reason 7.

How much an employee will be paid while taking SPSL depends on the employee’s normal work schedule. Employees taking leave are entitled to their regular rate of pay, up to the maximum of $511 per day or $5,110 in the aggregate.

For non-exempt employees, the rate is the highest of:

  • The employee’s regular rate of pay for the workweek the employee uses SPSL (not including overtime);
  • The rate calculated by dividing the employee’s total wages by the total hours worked (not including overtime) in the full pay periods of the prior 90 days of employment; or
  • The state minimum wage.

For exempt employees, the rate is calculated in the same manner as the employer calculates other forms of paid leave time.

Leave under SPSL is in addition to any district provided leave entitlements. The district cannot require that an employee use their available paid leave accruals before they use SPSL. The pay an employee receives under SPSL may be less than an employee’s regular pay because of the daily/maximum limit. Employees may choose to use other paid leave (i.e. district provided sick leave, personal leave, vacation) that may be available in order to receive what they would normally earn if the cap is reached.

Paid leave time previously provided to an employee under the Families First Coronavirus Response Act between January 1, 2021 and March 28, 2021, for one of the qualifying reasons covered by Labor Code 248.2, will be counted towards the total number of hours of an employee’s SPSL entitlement. 

Employees who were provided with unpaid leave or were not paid in an amount required by Labor Code 248.2, between January 1, 2021 and March 28, 2021, for leave taken for one of the qualify reasons covered under the Code, may request retroactive payment. The number of hours paid retroactively will be counted towards the total number of hours of an employee’s SPSL entitlement.

When leave is not foreseeable, requests should be made as soon as practicable and in advance of the leave if possible. If the need for leave is foreseeable, requests should be made five (5) business days in advance of the need for leave or within two (2) business days after learning of the need for leave.

Documentation to support an employee’s qualifying reason for leave is dependent on the reason for the requested leave. Employees will be required to complete a statement supporting their request for SPSL.

 

 

Contact Us

Brenda Garcia
Human Resources Technician Leaves
714-424-8935
bgarcia@nmusd.us

 

Megan Brown
Administrative Director I, Certificated Personnel
714-424-7589
mbrown@nmusd.us

 

Kristen Clark
Administrative Director I, Classified Personnel
714-424-5048
kclark@nmusd.us