Use It Or Lose It: Supplemental Paid Sick Leave Expires on September 30

Client Alert

September 2021

By: Jeffrey A. Dinkin, Jared W. Speier

Both California Supplemental Paid Sick Leave and Federal Paid Sick Leave entitlements are set to expire on September 30, 2021. An employee who begins their leave prior to that date can complete their leave even if it runs past the 30th. However, employees are not entitled to supplemental paid sick leave if they request it on October 1st.

There are several employment related bills pending before the Governor, but no bills will extend the supplemental paid sick leave if enacted. Likewise, there is no indication that the federal sick leave will be extended past September 30th. While the leave entitlements could be extended via executive order there is no indication that an order is planned.

Some local supplemental paid sick leave requirements will remain in effect beyond September 30, 2021, such as the City of Los Angeles and the City of Long Beach. Employers should review local sick leave requirements to ensure compliance as the state legislation expires.