As the pandemic presents new challenges in health and the workplace, employers must take steps to protect their workers and business from COVID-19. Use the resources available here to learn about COVID-19 workplace requirements such as safety procedures, training for employees on infection prevention, and what to do in case of an infection or outbreak.
Under the Fair Employment and Housing Act (FEHA), an employer may require employees to receive an FDA-approved vaccination against COVID-19 infection so long as the employer does not discriminate against or harass employees or job applicants on the basis of a protected characteristic, provides reasonable accommodations related to disability or sincerely-held religious beliefs or practices, and does not retaliate against anyone for engaging in protected activity (such as requesting a reasonable accommodation).
Yes, the Unruh Civil Rights Act permits businesses to implement rules that protect employees and customers from COVID-19 infection. Please note that the business can’t ask only certain type of customers to show proof of vaccination and/or a recent negative COVID-19 test if it’s done so based on a personal characteristic protected by the Unruh Civil Rights Act. Please consult DFEH’s Guidance regarding COVID-19 safety measures and reasonable accommodations for important information about reasonable accommodations as well.
If the employer requires an employee to obtain a COVID-19 test or vaccination (see Department of Fair Employment and Housing FAQs for guidance on the types of COVID-19 tests an employer may require and on vaccination), then the employer must pay for the time it takes for the testing or vaccination, including travel time.
The employer must pay for the time it takes for testing or vaccination because such time would constitute “hours worked.” The term “hours worked” means the time during which a worker is subject to the control of an employer, and includes all the time the worker is suffered or permitted to work, whether or not required to do so. Under this definition, one way to determine whether time a worker spends performing a task must be paid as time worked is whether the employer exercised control over the worker by requiring the worker to perform that task. If an employer requires that a worker obtain a medical test or vaccination, the time associated with completing the medical test or vaccination, including any time traveling and waiting for the test or vaccination to be performed, would constitute time worked. However, unless otherwise required, the time spent waiting for COVID-19 test results is not compensable as hours worked, although the worker may be able to utilize paid leave while waiting for the results.
An employer cannot require the worker to utilize paid leave if the time is considered “hours worked” as referenced above.
If the time is not considered “hours worked,” the worker may be able to utilize the worker’s paid leave for time off from work to obtain testing or vaccination. Regular paid sick leave may be used for preventive care, which includes medical testing and vaccines, for the employee or the employee’s family members, and is protected against retaliation under the Labor Code.
Any record of employee or applicant vaccination must be maintained as a confidential medical record.
Please see CDPH’s COVID-19 Vaccine Booster Questions and Answers for the latest list of eligible groups.
Please see CDPH’s COVID-19 Vaccine Booster Questions and Answers for the latest information on boosters.
You can now get a digital copy of your vaccination record. It’s available to you if:
To get your vaccine record:
No. Wait until you have recovered and have met the criteria for ending isolation. This guidance also applies to people who get COVID-19 between their first and second dose.
For more information on COVID19 vaccines, please visit covid19.ca.gov/vaccines/
California has updated laws and regulations to protect workers and to prevent the spread of COVID-19 infection at workplaces.
Yes, the Unruh Civil Rights Act permits businesses to implement rules that protect employees and customers from COVID-19 infection.
Please note that the business can’t ask only certain type of customers about the above if it’s done so based on a personal characteristic protected by the Unruh Civil Rights Act. Please consult DFEH’s Guidance regarding COVID-19 safety measures and reasonable accommodations for important information about reasonable accommodations as well.
There are no physical distancing or barrier requirements in the workplace regardless of employee vaccination status with the following exceptions:
You must encourage hand washing and allow more time for frequent, adequate hand washing, which includes:
To help prevent the spread of COVID-19, provide employees with an effective hand sanitizer by distributing them at various locations throughout the worksite. Hand sanitizer can be used if soap and water are not immediately available, but hand sanitizer is not effective if the hands are soiled. Do not provide or allow the use of hand sanitizers containing methyl alcohol.
The latest guidance from the California Department of Public Health does not require face coverings in workplaces except in specified high-risk settings, including healthcare settings, public transit and transportation hubs, correctional facilities, and shelters. When the CDPH or local health department requires use of face coverings, the employer must provide them to employees at no cost and ensure they are properly used.
Employers may still require the use of face coverings as a prevention measure.
In addition, employers must still require certain employees to wear face coverings during a workplace outbreak of COVID-19 and in employer-provided transportation.
Employees may request face coverings and respirators such as N95 masks for voluntary use from their employers. Employers must provide the requested face coverings and respirators at no cost to the employees.
It is illegal for employers to retaliate against any worker for using a face covering.
To make the workplace safer from COVID-19, employers must evaluate how to increase airflow and filtration at work. This means employers must take steps to improve airflow and filtration whenever possible. Cal/OSHA has guidance to help employers evaluate airflow in different settings. Visit https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html#ventilation
The COVID-19 Prevention Emergency Temporary Standards requires employers to review CDPH’s Interim guidance for Ventilation, Filtration, and Air Quality in Indoor Environments.
If a worker is sick or has been exposed to COVID-19 you must provide the worker with certain wages and/or benefits. For more detailed information on the wages or benefits listed below, explore the page A worker may be sick or exposed to COVID-19 at my workplace on this site.
You may be obligated to provide paid sick leave.
If your workers qualify for paid sick leave, you must allow them to take the leave immediately upon their written or oral request.
From January 1, 2022 to December 31, 2022, California required most employers to provide workers up to 80 hours of supplemental paid sick leave for COVID-19 reasons. Employers with 26 or more employees during this period had to provide this paid time off for workers who needed to stay home due to COVID-19 illness, exposure, caring for a family member, a COVID test or vaccine, recovering from side effects and more. If a worker took unpaid time off due to COVID-19 in 2022, they should be paid for these sick leave hours. More information is available in the Labor Commissioner’s frequently asked questions.
In 2020, California authorized emergency COVID-19 supplemental paid sick leave of up to 80 hours for most workers. The 2020 requirement expired on December 31, 2020. Another law, SB 95, authorized 2021 SPSL. The law went into effect on March 29 and was retroactive to January 1, 2021. The law required qualifying employees be provided up to 80 hours of supplemental paid sick leave if they are unable to work or telework due to specific COVID-19 reasons. The leave time also applied to getting a COVID-19 vaccine and recovering from symptoms related to the vaccine. 2021 SPSL is was in effect until September 30, 2021 for employers with 26 or more workers. Small businesses employing 25 or fewer workers were exempt from the law but may offer supplemental paid sick leave and receive a federal tax credit, if eligible. If your employees took unpaid time off due to COVID-19 before these laws expired, they might still be able to request pay after expiration.
Exclusion Pay requirements from the COVID-19 Emergency Temporary Standards are expiring in January 2023. Non-Emergency COVID-19 Prevention Regulations that do not include Exclusion Pay requirements will become effective in the month of January 2023 once approved by the Office of Administrative Law. The COVID-19 Prevention Emergency Temporary Standards (ETS) remain in effect until the new regulations become effective. Read more about the non-emergency regulations and the ETS.
Cal/OSHA’s Emergency Temporary Standards (ETS) on COVID-19 Prevention require employers to exclude employees from the workplace under certain circumstances related to workplace exposure to COVID-19. While the employee is excluded, their employer must maintain their pay and benefits if the exposure was work-related. For more information on the ETS and whether it applies to your workplace, refer to Cal/OSHA’s Frequently Asked Questions.
If a test confirms an employee has COVID-19 and was exposed to COVID-19 at work, the employee might be eligible for workers’ compensation, which provides benefits that include:
Remember: Taking an adverse act, including cutting pay or hours, terminating or suspending, in response to workers exercising their rights under the law, including making an oral or written complaint about working conditions or demand for benefits, is unlawful retaliation.
The latest guidance from the California Department of Public Health does not require face coverings in workplaces except in specified high-risk settings, including healthcare settings, public transit and transportation hubs, correctional facilities, and shelters. When the CDPH or local health department requires use of face coverings, the employer must provide them to employees at no cost and ensure they are properly used.
Employers may still require the use of face coverings as a prevention measure.
In addition, employers must still require certain employees to wear face coverings during a workplace outbreak of COVID-19 and in employer-provided transportation.
Employees may request face coverings and respirators such as N95 masks for voluntary use from their employers. Employers must provide the requested face coverings and respirators at no cost to the employees.
It is illegal for employers to retaliate against any worker for using a face covering.
Employers are required to evaluate the need for personal protective equipment (PPE) to prevent exposure to COVID-19. What PPE you must provide will depend on your employees’ risk of exposure.
Your written plan on preventing workplace safety and health hazards must include training on proper use of any personal protective equipment.
Examples of PPE include:
All types of PPE must be:
EDD offers optional Disability Insurance Elective Coverage (DIEC) for people who don’t pay into State Disability Insurance (SDI) but want to be covered by Disability Insurance and Paid Family Leave (PFL).
For more information on DIEC, please visit EDD’s DIEC page
Ensure that workers know the symptoms of COVID-19 and encourage them to stay home if they have any of the following:
Read more on California’s website for COVID-19 Symptoms and Facts.
You should encourage employees to let supervisors know if they think they have been in close contact with a COVID-19 case or if they have symptoms. Workers should stay home unless they need medical care. Paid sick leave may be available to them while they recover at home. Provide workers with information on how they can request and use paid sick leave benefits.
If the exposure is work-related and employees are excluded from work, employers must maintain their pay by providing exclusion pay. The Labor Commissioner’s Office has more information on exclusion pay.
Employees must be excluded from the workplace in the following circumstances:
Note that for employees that have close contact with others who are COVID-19-positive during the infectious period, employers must review current CDPH guidance on isolation and quarantine.
You must investigate and respond to a COVID-19 case or close contact in the workplace by doing the following:
Employers must record work-related COVID-19 cases in their injury and illnesses logs. You must report information about COVID-19 cases and outbreaks at the workplace to the local health department whenever required by law. You must also notify Cal/OSHA right away when there is a serious illness or fatality related to COVID-19. Read Cal/OSHA’s FAQs on recording and reporting COVID-19 cases.
Employers must implement a cleaning and disinfecting plan and include this plan in the notification of close contacts.
Employers must exclude from work COVID-19 cases and employees that have been in close contact with a COVID-19 case in the workplace.
A COVID-19 case may return to work when any of the following occur:
Employers are required to review current CDPH guidance on Isolation and Quarantine for employees who had a close contact, and implement policies to prevent transmission of COVID-19 by people who had close contact. There may be different return-to-work criteria during critical staffing shortages for certain workplaces such as health care, emergency response, and some social service workers. Refer to the CDPH Guidelines for Isolation and Quarantine for Health Care Personnel.
Employees who are not fully vaccinated and exhibit COVID-19 symptoms must be provided testing by their employer. The testing must be provided during paid time. Employees must be excluded from the workplace in the following circumstances:
If the exposure is work-related and employees are excluded from work, employers must maintain their pay by providing exclusion pay. The Labor Commissioner’s Office has more information on exclusion pay.
Under California’s regular paid sick leave law: Employees working for you in California for at least 30 days in a year are probably covered, whether they are a full-time, part-time, or temporary employee.
California’s regular paid sick leave law gives employees sick time that can be used to:
Employees can earn one hour of paid leave for every 30 hours worked. An employer must allow an employee to take at least 24 hours or three days of paid sick leave per year, whichever is more.
Employers in the public or private sectors with more than 25 employees, including those with collective bargaining agreements, were required to provide up to 80 hours of COVID-19 related supplemental paid sick leave (SPSL) from January 1, 2021 through September 30, 2021. Workers can still file claims for unpaid SPSL that was not provided during the period the law was in effect. The Labor Commissioner’s Office has more information on SPSL.
If employees are denied paid sick leave, they can report the violation to the Labor Commissioner’s Office. Employers may be subject to fines and penalties if employees file a claim or if the Labor Commissioner opens an investigation to look into workers who were denied paid sick leave.
Employers must implement a cleaning and disinfecting plan if there has been a COVID-19 case at the workplace and notify close contacts of the plan.
To protect employees from COVID-19 hazards you must evaluate handwashing facilities, determine the need for additional facilities, encourage and allow time for employee handwashing, and provide employees with an effective hand sanitizer. You should encourage employees to wash their hands for at least 20 seconds each time. You must not provide or allow the use of hand sanitizers with methyl alcohol.
If a worker believes they contracted COVID-19 at their workplace, they have a right to workers’ compensation benefits. You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work. When you become aware of the illness, you should provide your employee the workers’ compensation claim form.
On September 17, 2020, the governor signed Senate Bill 1159. This new law creates two rebuttable presumptions that COVID-19 illnesses contracted by specific categories of employees are work related and therefore eligible for workers’ compensation, including medical treatment.
This bill limits the risk of employers being liable for claims where the infection did not occur at work by tailoring the presumptions to those first responders and frontline health care workers whose work puts them at the greatest risk of exposure and other employees where there is a demonstrated and verifiable COVID-19 outbreak at their worksite.
You can contact the Information and Assistance Unit if you have questions or call 1‑800‑736‑7401 for recorded information
Cal/OSHA’s emergency temporary standards on COVID-19 prevention define outbreaks and major outbreaks:
“Exposed group” means all employees at a work location, working area, or a common area at work, where an employee COVID-19 case was present at any time during the infectious period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:
NOTE: An exposed group may include the employees of more than one employer. See Labor Code sections 6303 and 6304.1 for full details.
You must contact the local health department immediately but no longer than 48 hours after you become aware of three or more COVID-19 cases for guidance on preventing the further spread of COVID-19 within the workplace.
You must provide to the local health department the total number of COVID-19 cases and for each COVID-19 case, the name, contact information, occupation, workplace location, business address, the hospitalization and/or fatality status, and North American Industry Classification System code of the workplace of the COVID-19 case, and any other information requested by the local health department. You should continue to give notice to the local health department of any subsequent COVID-19 cases at the workplace.
