Employment

COVID-19 extended sick leave for food service workers

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Governor Newsom has issued an Executive Order giving extended sick leave to food service workers impacted by COVID-19.  The Order grants 80 additional hours of sick leave to food service workers, as defined in the Order, who were working full time or scheduled to work 40 hours per week the two weeks prior to taking sick leave.  The workers must be subject to a quarantine order, advised by a health care professional to self-quarantine or isolate, or are prohibited from working by the employer because of health concerns related to COVID-19 to be eligible. Part time workers are eligible for extended sick leave based on the number of hours they have worked or are expected to work.

An employer may not require using other paid or unpaid leave, paid time off or vacation time prior to using supplemental sick leave.

The Labor Commissioner shall enforce this Order.  The supplemental paid sick leave will be effective for the pendency of any statewide stay-at-home orders issued by the State Public Health Officer.  (Executive Order N-51-20, April 16, 2020.)

COVID-19 CalWORKs Welfare-to-Work guidance

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The California Department of Social Services (CDSS) has issued guidance regarding the impact of COVID-19 on CalWORKs Welfare-to-Work (WTW).

Counties should exercise discretion regarding optional documentation and verification in order to continue providing WTW services and supports.

Counties can issue temporary blanket good cause for not meeting WTW requirements.  This includes all initial engagement activities, all assessments and evaluations, completion or maintenance of a WTW plan and WTW participation.

Sanctioned clients may now have good cause not to participate or who have a cure plan with activities that are no longer available.  For those clients, counties should implement cure plans documenting that the activity that the client failed to do is not available because of COVID-19.  The cure plan can specify an alternative activity such as reviewing orientation materials or conducting job search online.  When assigning another activity is not practical or feasible because of COVID-19, counties may implement cure plans stating the lack of available activities and that the client temporarily has good cause not to participate.

Counties cannot cure all sanctioned participants because of COVID-19. Clients must sign a cure plan.  Counties are encouraged to issue pre-populated sanction sure plans for individuals to sign without solicitation from the client.  Counties should consider telephonic, electronic or mail-in signatures.  For counties that cannot accept electronic or recorded telephonic signatures, counties must enter a case not stating the individual attested to the information provided.

For clients who are in noncompliance but are not yet sanctioned, counties should make all attempts to avoid imposing sanctions by offering other available and appropriate activities, or by applying good cause.

Counties can continue subsidizing wages in the Expanded Subsidized Employment program even when the worksites are closed because of COVID-19.

CalWORKS Work Study subsidies can continue where work hours are reduced, worksites are closed or students are otherwise unable to meet work study obligations because of COVID-19.  For example, the subsidy may continue when students are unable to work because of lack of supportive services, such as when the student’s child care provider is closed because of COVID-19.  The subsidized payment can be made directly to the CalWORKs recipient, or through the employer or third-party payor if they are able to issue subsidized wages to the recipient.  (All County Welfare Directors Letter, March 30, 2020.)

COVID-19 federal paid leave for workers

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The Internal Revenue Service has announced implementation of paid sick leave and child care leave provisions of the Families First Coronavirus Response Act.  Employees of employers with fewer than 500 employees can receive two weeks (up to 80 hours) of paid sick leave at 100% of their pay when the employee is unable to work because the employee is quarantined and/or experiencing COVID-19 symptoms, and is seeking a medical diagnosis. An employee who is unable to work because of the need to care for an individual subject to quarantine, or to care for a child whose school is closed or child care is unavailable because of COVID-19 can receive two weeks (up to 80 hours) of paid sick leave at 2/3 of the employees pay.

An employee who is unable to work because of the need to care for a child whose school is closed or child care is unavailable because of COVID-19 can receive up to an additional ten weeks of paid family and medical leave at 2/3 of the employees pay. Businesses with fewer than 50 employees are exempt from this provision if the leave would jeopardize the ability of the business to continue.

The leave will be paid for by a payroll tax credit deducted from payroll tax payments.  The child care leave provision will be paid for by an income tax credit that covers both the payment to the employee and the cost to maintain health insurance. Self-employed individuals are entitled to equivalent credits.  (IR 2020-57, March 20, 2020.)

Guidance for counties on the Expanded Subsidized Employment (ESE) Program

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County welfare departments have submitted numerous questions to CDSS about the CalWORKs Expanded Subsidized Employment (ESE) Program, which was established to increase the number of subsidized employment placements provided by the counties for CalWORKs recipients who are required to participate in welfare to work. CDSS clarifies that counties may add ESE programs to their existing subsidized employment programs, but cannot combine ESE funds with other funds for individual placements. ACL 14-81 (11/20/14)