Per CAL OSHA, employers must exclude from the workplace employees or employee groups who have been exposed to COVID-19. Employers must pay these excluded employees their regular pay and benefits. Under the new revised CAL OSHA revised Emergency Temporary Standard, discussed below, this pay is not to come from Covid-19 sick pay supplemented by the State of California, regular sick pay, vacation time or anything other than regular pay roll.
Governor Gavin Newson extended CAL OSHA’s Emergency Temporary Standard through the end of 2022 by executive order. CAL OSHA revised the Emergency Temporary Standard on January 14th 2022 to include the below. This revision is set to expire on April 14th 2022 but can be renewed twice after the April 14th expiration.
CAL OSHA Emergency Temporary Standard Revision:
- Written or verbal requests by employees exposed in the work place must be accepted.
- Payment for employees excluded from the workplace due to exposure, may not come out of state supplemented sick pay, regular sick pay, vacation time or anything other than regular payroll.
- Excluded employees may use up to 10 days of “Exclusion Pay” if exposed in the workplace.
- Exclusion pay must be paid at an employee’s regular pay rate.
- The Employer MUST relay information to employee’s who have been exposed in the work place regarding state regulations.