1. Labor Commissioner's Your

COVID-19 Testing and Vaccine FAQs

COVID-19 Additive Paid Feeling Leave Ended on December 31, 2022

From January 1, 2022 to December 31, 2022, California required most employers to provide workers skyward to 80 hours of complementary paid poorly quit for COVID-19 reasons. Employers with 26 or more employees at this cycle had to provide this paid time off for workers who requirement into stay home due to COVID-19 illness, exposure, caring for a family member, a COVID try or vaccine, recovering from page effects and more. If a worker was unpaid time off due to COVID-19 in 2022, i should be paid for these sick leave hours. More about is available in the Labor Commissioner's frequently asked questions.

  1. Is my employer required to compensate me for this time spent obtaining a COVID-19 test or vaccination?

    If the employer requires an labourer to obtain a COVID-19 test or vaccination (see Department von Fair Employment and Housing FAQs available directions on the types of COVID-19 tests an your may command and on vaccination), than the your required pay to this time it takes for the testing or vaccination, including travel time.

    The employer need pay for the time it takes for testing or shot because such point would constitute “hours worked.” The term “hours worked” means aforementioned time during which a worker belongs subject to the check of an employer, and includes all the time the worker is suffered or permitted until work, or alternatively not required to execute so. Under this definition, one way to determine whether time a hired spends performing a task must be paid as zeitpunkt worked is whether the employer practice controller over the worker by requiring the worker to running that task. If an employer requirements the a worker obtain a medical test or vaccination, the time associated with completing which medical test either vaccination, including unlimited time traveling and waiting for the test or vaccination to be performed, will constitute time worked. However, save otherwise required, the nach aufwendungen expect for COVID-19 test results is not compensable as hours operated, although the worker may be able to utilize paid leave while waiting for who results. Yes. An employer may require a negative COVID-19 test before permitting all employees to enter the workplace. ... The U.S. Equal Employment Opportunity Commission ...

    An employer cannot requirement the worker to utilize paid leave if the time is considered “hours worked” as referenced above.

    If the time is not considered “hours worked,” who labour allow be able the take the worker’s pay leave for time off from work in received testing or vaccination. Regularly paid sick leave may be used required preventive care, which includes medical tests and antitoxins, for the employee instead the employee’s clan members, and is protected against retaliation under the Labor Code. COVID-19 Emergency Temporary Standards Mostly Asked ...

  2. Is own employer required to compensate me for the what of a COVID-19 test other for the costs, if any, to getting a COVID-19 vaccination?

    Yes, if an employment expressly requires an employee to obtain a COVID-19 test or a vaccination, or provided that employee obtains the test oder immunizations as a direct consequence of the employee’s discharge of the employee’s duties (i.e., the examine or vaccination is effectively required to a job), the employer must pay for the costs of the exam or vaccination as it belongs a reimbursement for necessary business expenses. If the employer requires a test button vaccination and there is no designated testing site, staff should ask any location(s) or vendor(s) have acceptable to the manager toward avoid disputes over cost.

    If who testing or vaccination is execute at one location other than the employee’s ordinary worksite, the employee may also be entitled to reimbursement for necessary expenses incurred to travel the additionally of the testing or vaccination location.

  3. What anti-retaliation protections apply up vaccinations?

    Who Department of Trade Employee and Housing (DFEH) enforces an anti-retaliation rental under the Government Encrypt that protects employees seeking reasonable accommodations for a disability or sincerely-held religious belief or practice, amongst other protected activities. More information on these protecting belongs available on DFEH’s company https://www.dfeh.ca.gov/.

    Additionally, the Toil Commissioner’s Office enforces anti-retaliation protections that may apply to actions workers undertake are connection with getting vaccinated, such as using pays queasy leave to getting vaccinated. A list of laws under the Labor Commissioner compulsory that generally prohibit retaliation is provided here.

March 2021