Legal Update Memo No. 17-2021- Cal/OSHA Guidance Harmonized with Other State Laws, Orders and Regulations (K-12)

Download pdf: 17-2021 CalOSHA Guidance Harmonized with Other State Laws Orders and Regulations (JEH-DLM)

While the Governor and the State of California’s Department of Public Health (“CDPH”) loosened restrictions related to protections from COVID-19 due to reduced cases and vaccinations, Cal/OSHA regulations, which were stricter than other guidance received from the State, remained out-of-sync.  On June 17, 2021, Cal/OSHA revised its regulations related to emergency temporary standards for COVID-19 Prevention to conform with the new CDPH guidance, some of which is not applicable to school districts, as discussed further below.

This legal update addresses the new regulations and other frequently asked questions we receive related to the loosening of restrictions and how these affect local educational agencies (“LEAs”).  Keep in mind, also, the CDPH has stated new school guidance will be forthcoming for K-12 operations pending the new guidance for schools from the Center for Disease Control (“CDC”). [1]

Frequently Asked Questions

  1. Do vaccinated employees still need to wear a mask? What about unvaccinated employees?  Must the employer provide the face coverings? 

Preliminarily, Cal/OHSA defines “Face covering” as a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers. A face covering has no visible holes or openings and must cover the nose and mouth. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.[2]

  1. Vaccinated Employees

As of June 15, 2021, CDPH’s position is: “Face coverings are not required for fully vaccinated individuals, except in the following settings where face coverings are required for everyone, regardless of vaccination status:   Indoors in K-12 schools, childcare, and other youth settings.”  Note: This may change as updated K-12 schools guidance is forthcoming, pending updates for K-12 operational guidance from the CDC.[3]  Employers must also provide face coverings to vaccinated employees, upon request.[4]

  1. Unvaccinated Employees

Employers must provide face coverings for all employees who are not fully vaccinated and ensure they are worn when indoors or in vehicles.[5]   Employers shall provide face coverings and ensure they are worn by employees when required by orders from the CDPH.[6]

Exemptions:  The following are exceptions to the face coverings requirement:

  1. When an employee is alone in a room or vehicle.
  2. While eating and/or drinking at the workplace, provided employees are at least six

feet apart and there is outside air supply to the area; if indoors, air has been maximized to the extent feasibly possible.

  1. Employees wearing respirators required by the employer and used in compliance in accordance with section 5144.
  2. Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or communicating with a hearing-impaired person.
  1. Specific tasks which cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed.[7]  Employees exempt from wearing face coverings due to a medical condition, mental health condition, or disability shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if their condition or disability permits it.[8]

Any employee not wearing a face covering pursuant to the above exceptions, shall be at least six feet apart from all other persons, unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19 during paid time and at no cost to the employee.[9]

Employers may not use COVID-19 testing or physical distancing as an alternative to face coverings when face coverings are otherwise required.  Employers may not use the mask alternatives related to disabilities, as described above, as an alternative to face coverings when face coverings are otherwise required by this section.[10]  Nonetheless, face coverings must be provided upon request for voluntary use and non-vaccinated employees must be provided with a respirator upon request without retaliation.[11]

  1. What about students – must they wear face coverings?

Until the CDPH changes its guidance, while masking requirements for vaccinated individuals were loosened in some sectors, vaccinated and unvaccinated individuals in the K-12 indoor setting, as well as in child care and other youth settings, must still wear face coverings indoors.[12]

  1. Are there exceptions for students with disabilities to wearing a mask indoors?

Under Section 504 and the Individuals with Disabilities Education Act (“IDEA”), schools are required to make modifications for students who are unable to wear a face covering.  According to OCR:

Students with a disability who cannot wear or safely wear a mask because of their disability in accordance with CDC guidelines should not be required to wear one. For example, a student with a disability who, for reasons related to the disability, would be physically unable to remove a mask without assistance if breathing became obstructed should not be required to wear a mask. Students with other types of disabilities could also be exempt from wearing a face mask based on factors specific to the student, and schools should rely on CDC guidance in making such determination.

For the narrow subset of students with disabilities who, because of their disability, cannot wear a mask or cannot safely wear a mask, the school must determine based on a student’s individual circumstances whether that student is able to attend school safely if other prevention strategies can be followed, in accordance with CDC guidance. . . . Prevention strategies might include correct and consistent masking and additional Personal Protective Equipment (PPE) for others who work or learn with the student, avoiding large gatherings in class areas, and   maintaining sufficient physical distance. If a student with a disability cannot wear a mask maintain or adhere to other public health requirements, the student is still entitled to a free appropriate public education, which the team may consider providing remotely.[13]

  1. Can we ask staff about their vaccination status? Can we ask for evidence of vaccination?

In regards to employees, the EEOC has provided guidance[14] that asking an employee if they have been vaccinated (and requesting proof of receipt of vaccination) by itself is legally permissible as asking for this information is not considered a medical inquiry. The employer should be very careful in asking any additional questions if the employee is not vaccinated (such as why is the employee not vaccinated) as many of these sorts of follow-up questions could result in a disability-related inquiry. For more information on disability-related or religious inquiries, see items K.1-K.12 in the EEOC guidance (See footnote 14).  There are no limitations on the specific title of the employer agent asking an employee if they have been vaccinated and requesting proof of vaccination. A COVID-19 coordinator would be an appropriate first choice, but in the absence of the COVID-19 coordinator, other agents of the employer could gather this information.

An employee can self-certify that they have been vaccinated via a written attestation.[15]  Contact our office if you would like such a form.  In addition, the State has set up a website that digitally verifies an employee’s vaccination status:  https://myvaccinerecord.cdph.ca.gov/.

  1. Can we ask parents about their child’s vaccination status? Can we require that students receive the COVID-19 vaccination?

Using the EEOC’s reasoning, we see no prohibition of asking parents of students if their child has received the COVID-19 vaccine and requesting proof of the vaccination. Since COVID-19 immunization is not currently a required immunization for student enrollment as per Health and Safety Code section 120335, it is legally uncertain as to the authority of a school to require, as a condition of enrollment and attendance, that a student receives a COVID-19 vaccine.  The Pfizer vaccine is authorized on an emergency basis for children 12 years of age and older.[16]  We advise that any school wanting to develop such a requirement contact their legal counsel to discuss this issue.

  1. Should employee and student vaccination status be maintained as confidential, and, if so, how?

We advise designating someone as a COVID-19 coordinator to be responsible for seeking this information and maintaining it.

  1. Employees

For employees, we advise that any information be kept confidential, and for an employer not to widely distribute lists detailing which employees are, and are not vaccinated, so as to avoid issues associated with confronting and/or asking questions.

  1. Students

For students, information maintained by a school personally identifiable to a student (such as a record that a student has received a COVID-19 vaccination) is a student record under federal (Family Educational Rights & Privacy Act (“FERPA”)) and state (see Education Code sections 49060 et seq.) law, so such records should be kept confidential.

Additionally, in accordance with FERPA and California law on student record access issues, any agent of the school who has a “legitimate educational interest” may obtain this information and share this information with other agents of the school that have a legitimate educational interest.[17]  So, a school sports team coach could ask student athletes if they have been vaccinated to help determine the appropriate response following a COVID-19 exposure.

  1. What are the testing requirements under the new Cal/OHSA regulation?

Preliminarily, here are notable definitions from Cal/OSHA:

“COVID-19 test” means a viral test for SARS-CoV-2 that is:  (A) Approved by the United States Food and Drug Administration (“FDA”) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (B) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable.[18]

“Fully vaccinated” means the employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine. Vaccines must be FDA approved; have an emergency use authorization from the FDA; or, for persons fully vaccinated outside the United States, be listed for emergency use by the World Health Organization (“WHO”).[19]

“High-risk exposure period” means the following time period:

(A) For COVID-19 cases who develop COVID-19 symptoms, from two days before they first develop symptoms until all of the following are true: it has been 10 days since symptoms first appeared; 24 hours have passed with no fever, without the use of fever-reducing medications; and symptoms have improved.

(B) For COVID-19 cases who never develop COVID-19 symptoms, from two days before until 10 days after the specimen for their first positive test for COVID-19 was collected.[20]

“Respirator” means a respiratory protection device approved by the National Institute

for Occupational Safety and Health (“NIOSH”) to protect the wearer from particulate

matter, such as an N95 filtering facepiece respirator.[21]

 

Testing

There are no testing requirements absent a positive case (i.e. no requirement that schools conduct “surveillance” testing).

If there are one or two positive cases:  Employers must “[m]ake COVID-19 testing available at no cost, to all employees of the employer who had a close contact[22] in the workplace with the exception of (a) Employees who were fully vaccinated before the close contact and do not have COVID-19 symptoms; and (b) COVID-19 cases who returned to work pursuant to [the return to work criteria].”[23]  See Attachment A for these criteria.

Three or more cases:  Employers are required to test when there is a COVID-19 outbreak of three or more employees within an exposed group[24] who visited the workplace during their high-risk exposure period at any time within a 14-day period, except for employees who were not present during the relevant 14 day period; employees who were fully vaccinated before June 17, 2021 and are asymptomatic, and those who met the return-to-work criteria in Attachment A.[25]   The employer must make testing available to all employees in the exposed group and then again one week later.[26]   Negative COVID-19 test results of employees with COVID-19 exposure shall not impact the duration of any quarantine, isolation, or exclusion period required by, or orders issued by, the local health department.[27] Two tests shall be made available – one immediately and another one week later.[28]  After the first two COVID-19 tests, employers must make available testing once a week, at no cost, during paid time, to all employees in the exposed group who remain at the workplace, or more frequently if recommended by the health department, until there are no new cases detected in the exposed group for a 14-day period.[29]  The Department of Industrial Relations may order yet additional testing under these circumstances, which the employer would then have to provide at no cost during the employee’s paid time.[30]

Twenty or more cases:  Essentially, until there are fewer than three cases detected in the exposed group, the employer must follow the rules for exposures of three employees, supra, but regardless of vaccination status.[31]

  1. Is a COVID-19 Prevention Program still required?

Yes.  A link to Cal/OSHA’s form can be found on its FAQ page about the regulations, page 2.[32]  Employers must establish, implement, and maintain an effective written COVID-19 Prevention Program that includes:

  • Identifying and evaluating employee exposures to COVID-19 health hazards.
  • Implementing effective policies and procedures to correct unsafe and unhealthy conditions.
  • Allowing adequate time for handwashing and cleaning frequently touched surfaces and objects.
  • Employers must provide effective training and instruction to employees on how COVID-19 is spread, infection prevention techniques, and information regarding COVID-19-related benefits that affected employees may be entitled to under applicable federal, state, or local laws.
  • Employers must exclude employees who have COVID-19 symptoms and/or are not fully vaccinated and have had a close contact from the workplace and, if that close contact is work related, ensure continued wages.[33]

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

ATTACHMENT A – RETURN TO WORK CRITERIA

“COVID-19 cases with COVID-19 symptoms shall not return to work until:

  1. At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications; and
  2. COVID-19 symptoms have improved; and
  3. At least 10 days have passed since COVID-19 symptoms first appeared.

(B) COVID-19 cases who tested positive but never developed COVID-19 symptoms shall not return to work until a minimum of 10 days have passed since the date of specimen collection of their first positive COVID-19 test.

(C) Once a COVID-19 case has met the requirements of subsection (c)(10)(A) or (B), as applicable, a negative COVID-19 test shall not be required for an employee to return to work.

(D) Persons who had a close contact may return to work as follows:

  1. Persons who had a close contact but never developed any COVID-19 symptoms may

return to work when 10 days have passed since the last known close contact.

  1. Persons who had a close contact and developed any COVID-19 symptom cannot return to work until these requirements have been met, unless all of the following are true:
  2. The person tested negative for COVID-19 using a polymerase chain reaction (PCR) COVID-19 test with specimen taken after the onset of symptoms; and
  3. At least 10 days have passed since the last known close contact; and
  4. The person has been symptom-free for at least 24 hours, without using fever-reducing medications.

. . .

(E) If an order to isolate, or quarantine, or exclude an employee is issued by a local or state health official, the employee shall not return to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, then the period shall be in accordance with the return to work periods [stated herein.]

Cal. Code Regs, tit. 8, section 3205(c)(10)

[1]   Cal. Dep’t of Public Health, Guidance on the Use of Face Coverings (effective June 15, 2021), available at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx  (hereinafter “CDPH Face Coverings Guidance”).

[2] Cal. Code of Regs., tit. 8, section 3205(b)(8).

[3] CDPH Face Coverings Guidance. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx CDC’s current mask guidance for schools is fairly restrictive. It states: Face coverings “should be worn at all times, by all people in school facilities, with certain exceptions for certain people, or for certain settings or activities, such as while eating or drinking. Masks should be required in all classroom and non-classroom settings, including hallways, school offices, restrooms, gyms, auditoriums, etc.” Operational Strategy for K-12 Schools through Phased Prevention (updated May 15, 2021), available at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html.

[4] Cal. Code of Regs., tit. 8, sections 3205(c)(5)(J), 3205(c)(6)(H).

[5] Cal. Code of Regs., tit. 8, section 3205(c)(6)(A).

[6] Cal. Code of Regs., tit. 8, section 3205(c)(6)(B). Currently, CDPH requires face coverings to be worn in the K-12 setting.

[7] Cal. Code of Regs., tit. 8, section 3205(c)(6)(D).

[8] Cal. Code of Regs., tit. 8, section 3205(c)(6)(E).

[9] Cal. Code of Regs., tit. 8, section 3205(c)(6)(F).

[10] Id.

[11] Cal. Code of Regs, tit. 8, sections 3205(c)(5)(E). Cal. Code of Regs, tit. 8, section 3205(c)(7)(D)(2).

[12] CDPH Face Coverings Guidance.

[13] U.S. Dep’t of Educ, Office for Civil Rights, Questions and Answers on Civil Rights and School Reopening in the COVID-19 Environment at 8-9 (May 13, 2021), available at https://www2.ed.gov/about/offices/list/ocr/docs/qa-reopening-202105.pdf.

[14] U.S. Equal Employment Opportunity Commission, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021), FAQs K-1, K-3, available at https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws  .

[15] https://www.dir.ca.gov/dosh/coronavirus/Revisions-FAQ.html#background  FAQ under “Vaccines”.

[16] https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/adolescents.html#:~:text=Learn%20more%20about%20what%20you,%2DBioNTech%20COVID%2D19%20Vaccine.  (Last visited June 23, 2021.)

[17]  See Education Code section 49076(a)(1)(A)).

[18]  Cal. Code of Regs., tit. 8, section 3205(b)(6).

[19]  Cal. Code of Regs., tit. 8, section 3205(b)(9).

[20] Cal. Code of Regs., tit. 8, section 3205(b)(10).

[21] Cal. Code of Regs., tit. 8, section 3205(b)(11).

[22] “Close contact” means being within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in    any 24-hour period within or overlapping with the “high-risk exposure period” defined by this section. This definition applies regardless of the use of face coverings.  Cal. Code of Regs, tit. 8, 3205(b)(1).

[23] Cal. Code of Regs., tit. 8, section 3205(c)(3)(B)(5).

[24] “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 high-risk exposure period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:

(A) For the purpose of determining the exposed group, a place where persons momentarily pass through while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work.

(B) If the COVID-19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.

(C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the high-risk exposure period, and the COVID-19 case was wearing a face covering during the entire visit, other people at the work location, working area, or common area are not part of the exposed group.

NOTE: An exposed group may include the employees of more than one employer. See

Labor Code sections 6303 and 6304.1.  Cal. Code of Regs, tit. 8, section 3205(b)(7)

[25] Cal. Code of Regs., tit. 8., sections 3205.1(a), (b).

[26] Cal. Code of Regs., tit. 8., section 3205.1(b)(2)(A).

[27] Id.

[28] Cal. Code of Regs., tit. 8., section 3205.1(b)(2)(A).

[29] Cal. Code of Regs., tit. 8, sections 3205.1(a)(2), (b)(2)(B).

[30] Cal. Code of Regs., tit. 8, section 3205.1(c).

[31] Cal. Code of Regs., tit. 8, section 3205.2.

[32] Cal/OSHA, COVID-19 Emergency Temporary Standards: What Employers Need to Know About the Recommended Revisions (updated June 16, 2021), available at https://www.dir.ca.gov/dosh/dosh_publications/06-16-21-ETS-Revisions.pdf.

[33] Id.

Legal Update Memo No. 11-2021(CC) – Juneteenth Becomes the 12th Federal National Holiday – Implications for CCDs

Download pdf: 11-2021(CC) – Juneteenth Becomes the 12th Federal National Holiday – Implications for CCDs

Our office sent an email to clients on June 17, 2021, expressing our opinion that Juneteenth is now a school holiday for June 19, 2021, which as a Saturday, is celebrated on Friday, June 18, 2021.

We understand that the short notice of our email, necessitated by the short notice of the announced holiday, caused some confusion and resulted in some Community College Districts (“CCDs”) deciding to close on Friday, June 18, 2021, or deciding to close on Monday, June 21, 2021, or deciding not to close at all.  There was similar confusion when President George H.W. Bush issued Presidential Proclamation 6257 on March 7, 1991, which proclaimed three “National Days of Thanksgiving” on April 5-7, 1991.  Ultimate resolution of this confusion required a decision by the California Supreme Court.[1]

Our public law office strives to provide reliable, consistent, and prudent legal guidance to our clients.  We are aware that other law firms and organizations have expressed an opinion contrary to ours, but for the reasons discussed below, we continue to stand by our original opinion that June 18, 2021, was a college holiday.

On June 17, 2021, President Biden signed into law S.475[2] that Juneteenth, which falls this year on Saturday, June 19, is a legal federal holiday.[3]   The federal statute was amended to state,

The following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Juneteenth National Independence Day, June 19.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.[4]

The addition of Juneteenth as a national holiday became effective immediately.[5]

California Education Code Section 79020 addresses holidays for CCDs and provides:

Except as otherwise provided the community colleges shall continue in session or close on specified holidays as follows:…

(d) The community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday.

Education Code Section 79020 also addresses the issue of when a holiday falls on the weekend:

(g) When any of the holidays on which the schools would be closed, except Lincoln Day, fall on Saturday, the community colleges shall close on the preceding Friday, and that Friday shall be declared a state holiday.

When examining the definition of “appointment” of a school holiday, the California Supreme Court, found:

To determine whether the “appointment” of a holiday has occurred within the meaning of the Education Code, and more specifically, whether the President’s proclamation contemplated a special national holiday, we must first inquire whether the President has declared a corresponding federal holiday. This threshold requirement will clearly distinguish at the outset those presidential proclamations of a purely ceremonial character from those that were intended to designate a national holiday. It also avoids the anomalous situation created in this case, in which a presidential proclamation designating ‘National Days of Thanksgiving’ is asserted to be the source of a paid holiday for California’s classified employees but which did not declare or result in a holiday for federal employees.[6]

This case, brought by the California School Employees Association (“CSEA”), examined whether classified employees were due holiday pay because of a presidential proclamation – not a statutory federal holiday.  The California Supreme Court addressed this argument as follows:

The intent to designate a national holiday must also be apparent in the language of the proclamation, executive order, or other official announcement itself. [Citation omitted.] In particular, we must examine the words and the tone of the President’s entire announcement, and the manner in which the President directs or recommends that the designated day be observed. It is appropriate to consider the language of the President’s proclamation or similar announcement, because from such an official decree the Legislature intended legal significance to arise.[7]

In the current situation, we have a clear law, passed by both the House and the Senate and signed by the President, stating Juneteenth is a federal holiday, as with Memorial Day, Christmas, and the like.  Some legal opinions we have seen from other law firms and organizations have focused on the fact that because Juneteenth was established as a federal holiday through an act of Congress and signed into law by the President that the language in Education Code Section 79020 is not applicable.

However, President Biden did in fact issue on June 18, 2021, “A proclamation on Juneteenth Day of Observance, 2021.”[8]  This Proclamation provides in part:

…And that is why I am proud to have consecrated Juneteenth as our newest national holiday.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 19, 2021, as Juneteenth Day of Observance.  I call upon the people of the United States to acknowledge and celebrate the end of the Civil War and the emancipation of Black Americans, and commit together to eradicate systemic racism that still undermines our founding ideals and collective prosperity.

The Proclamation issued by President Biden, associated with S.475, meets the language of Education Code Section 79020(d), “the community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday,” and meets the standard adopted by the California Supreme Court that “the intent to designate a national holiday must also be apparent in the language of the proclamation, executive order, or other official announcement itself.”

In summary, based on the above, our office continues to believe that Friday, June 18, 2021, was a holiday for which CCDs were required to close.  We are hopeful that the California Legislature takes action to clarify the status of Juneteenth through amending Education Code Sections 37220 and 45203 for K-12 schools and Education Code Sections 79020 and 88203 for community colleges.

Implications for Classified Employees

As described above, the recognition of Juneteenth means that June 18, 2021, is a paid holiday for classified employees if they work, or they may receive compensation time:

All probationary or permanent employees who are part of the classified service shall be entitled to the following paid holidays if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. . . . every day appointed by the President. . . . for a public fast, thanksgiving or holiday. . . . When a classified employee is required to work on any of said holidays, he or she shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half his or her regular rate of pay.[9] [10]

Implications for Academic Employees

Academic instructors generally work by providing instruction on contracted work days and do not receive paid holidays, unlike classified employees.  They are paid their salary, but typically do not work holidays. We advise you review and confirm that relevant administrator contracts, policies and collective bargaining agreements do not require otherwise.  If your academic staff worked on June 18, 2021, and you have questions about how to address this, we advise you contact legal counsel.

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Cal. Sch. Emps. Assn. v. Governing Bd. of the Marin Cmty. Coll. Dist. (1994) 8 Cal.4th 333.

[2] Juneteenth National Independence Day Act, Pub. L. No. 117-17 (2021), available at https://www.congress.gov/bill/117th-congress/senate-bill/475/text.

[3]   5 U.S.C § 6103.

[4] Id. (Emphasis added).

[5]   See H. Doc. 110-49, 110th Cong., at 51 (2007) known as “How our Laws Are Made”, available at https://www.govinfo.gov/content/pkg/CDOC-110hdoc49/pdf/CDOC-110hdoc49.pdf (“A bill becomes law on the date of approval or passage over the President’s veto, unless it expressly provides a different effective date.”)  This bill did not have a different effective date and is therefore effective upon President Biden’s signing.

[6]  Cal. Sch. Emps. Assn, 8 Cal.4th at 342.

[7]  Id at 343.

[8] https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/18/a-proclamation-on-juneteenth-day-of-observance-2021/.

[9]    Cal. Educ. Code § 88203.

[10] See Cal. Sch. Emps. Assn. v. Oakland Unified Sch. Dist. (1983) 141Cal.App.3d 624, 627 (“Section 45203 provides that classified employees of a school district are entitled to designated “paid holidays,” and that an employee who is required to work on any such holiday shall be paid two and one-half times his or her regular daily pay (i.e., straight time plus so-called ‘holiday premium pay’ of time and one-half) for that day”).

Legal Update Memo No. 16-2021- Juneteenth becomes the 12th Federal Holiday – Implications for Schools (K-12)

Download pdf: 16-2021 Juneteenth becomes the 12th Federal Holiday – Implications for Schools

Our office sent an email to clients on June 17, 2021, expressing our opinion that Juneteenth is now a school holiday for June 19, 2021, which as a Saturday, is celebrated on Friday, June 18, 2021.

We understand that the short notice of our email, necessitated by the short notice of the announced holiday, caused some confusion and resulted in some school districts and community colleges deciding to close on Friday, June 18, 2021, or deciding to close on Monday, June 21, 2021, or deciding not to close at all.  There was similar confusion when President George H.W. Bush issued Presidential Proclamation 6257 on March 7, 1991, which proclaimed three “National Days of Thanksgiving” on April 5-7, 1991.  Ultimate resolution of this confusion required a decision by the California Supreme Court.[1]

Our public law office strives to provide reliable, consistent, and prudent legal guidance to our clients.  We are aware that other law firms and organizations have expressed an opinion contrary to ours, but for the reasons discussed below, we continue to stand by our original opinion that June 18, 2021, was a school holiday.

On June 17, 2021, President Biden signed into law S.475[2] that Juneteenth, which falls this year on Saturday, June 19, is a legal federal holiday.[3]   The federal statute was amended to state,

The following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Juneteenth National Independence Day, June 19.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.[4]

The addition of Juneteenth as a national holiday became effective immediately.[5]

California Education Code Section 37220(a) addresses holidays for K-12 schools and provides:

(a) Except as otherwise provided, the public schools shall close on the following holidays: . . .

(12)      All days appointed by the President as a public fast, thanksgiving, or holiday unless it is a special or limited holiday. 

Education Code Section 37220(c) also addresses the issue of when a holiday falls on the weekend:

(c) When any of the holidays on which the schools would be closed falls on Saturday, the public schools shall close on the preceding Friday, and that Friday shall be declared a state holiday.

When examining the definition of “appointment” of a school holiday, the California Supreme Court, found:

To determine whether the “appointment” of a holiday has occurred within the meaning of the Education Code, and more specifically, whether the President’s proclamation contemplated a special national holiday, we must first inquire whether the President has declared a corresponding federal holiday. This threshold requirement will clearly distinguish at the outset those presidential proclamations of a purely ceremonial character from those that were intended to designate a national holiday. It also avoids the anomalous situation created in this case, in which a presidential proclamation designating ‘National Days of Thanksgiving’ is asserted to be the source of a paid holiday for California’s classified employees but which did not declare or result in a holiday for federal employees.[6]

This case, brought by the California School Employees Association (“CSEA”), examined whether classified employees were due holiday pay because of a presidential proclamation – not a statutory federal holiday.  The California Supreme Court addressed this argument as follows:

The intent to designate a national holiday must also be apparent in the language of the proclamation, executive order, or other official announcement itself. [Citation omitted.] In particular, we must examine the words and the tone of the President’s entire announcement, and the manner in which the President directs or recommends that the designated day be observed. It is appropriate to consider the language of the President’s proclamation or similar announcement, because from such an official decree the Legislature intended legal significance to arise.[7]

In the current situation, we have a clear law, passed by both the House and the Senate and signed by the President, stating Juneteenth is a federal holiday, as with Memorial Day, Christmas, and the like.  Some legal opinions we have seen from other law firms and organizations have focused on the fact that because Juneteenth was established as a federal holiday through an act of Congress and signed into law by the President that the language in Education Code Section 37220 is not applicable.

However, President Biden did in fact issue on June 18, 2021, “A proclamation on Juneteenth Day of Observance, 2021.”[8]  This Proclamation provides in part:

…And that is why I am proud to have consecrated Juneteenth as our newest national holiday.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 19, 2021, as Juneteenth Day of Observance.  I call upon the people of the United States to acknowledge and celebrate the end of the Civil War and the emancipation of Black Americans, and commit together to eradicate systemic racism that still undermines our founding ideals and collective prosperity.

The Proclamation issued by President Biden, associated with S.475, meets the language of Education Code Section 37220(a)(12), “all days appointed by the President as a public fast, thanksgiving, or holiday unless it is a special or limited holiday,” and meets the standard adopted by the California Supreme Court that “the intent to designate a national holiday must also be apparent in the language of the proclamation, executive order, or other official announcement itself.”

In summary, based on the above, our office continues to believe that Friday, June 18, 2021, was a holiday for which schools were required to close.  We are hopeful that the California Legislature takes action to clarify the status of Juneteenth through amending Education Code Sections 37220 and 45203 for K-12 schools and Education Code Sections 79020 and 88203 for community colleges.

Implications for Classified Employees

As described above, the recognition of Juneteenth means that June 18, 2021, is a paid holiday for classified employees if they work, or they may receive compensation time:

When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, he or she shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half the employee’s regular rate of pay.”[9] [10]

This is not limited to only school site classified employees, but applies to all classified employees (such as classified employees in the “district office”).

Implications for Certificated Employees

Certificated staff work across the state work on what is known as a “positive calendar,” meaning they work the number of days in their Notice of Terms of Employment.  They do not get paid for holidays, but typically do not work holidays.[11]  Because issues regarding certificated employees will vary from district to district, we advise contacting legal counsel in order to address these issues.

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Cal. Sch. Emps. Assn. v. Governing Bd. of the Marin Cmty. Coll. Dist. (1994) 8 Cal.4th 333.

[2] Juneteenth National Independence Day Act, Pub. L. No. 117-17 (2021), available at https://www.congress.gov/bill/117th-congress/senate-bill/475/text.

[3]   5 U.S.C § 6103.

[4] Id. (Emphasis added).

[5]   See H. Doc. 110-49, 110th Cong., at 51 (2007) known as “How our Laws Are Made”, available at https://www.govinfo.gov/content/pkg/CDOC-110hdoc49/pdf/CDOC-110hdoc49.pdf (“A bill becomes law on the date of approval or passage over the President’s veto, unless it expressly provides a different effective date.”)  This bill did not have a different effective date and is therefore effective upon President Biden’s signing.

[6]  Cal. Sch. Emps. Assn, 8 Cal.4th at 342.

[7]  Id at 343.

[8] https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/18/a-proclamation-on-juneteenth-day-of-observance-2021/.

[9]   Cal. Educ. Code § 45203 (emphasis added) (applicable to both merit and non-merit Local Educational Agencies (“LEAs”)).

[10] See Cal. Sch. Emps.Assn. v. Oakland Unified Sch. Dist. (1983) 141Cal.App.3d 624, 627 (“Section 45203 provides that classified employees of a school district are entitled to designated “paid holidays,” and that an employee who is required to work on any such holiday shall be paid two and one-half times his or her regular daily pay (i.e., straight time plus so-called ‘holiday premium pay’ of time and one-half) for that day”).

[11]   See California Sch. Emps. Assn. v. Tamalpais Union High Sch. Dist. (1984) 159 Cal. App. 3d 879, 882.  See also the LEA’s certificated contract, the LEA’s board policy and regulations, and any relevant collective bargaining agreement(s).

Legal Update Memo No. 15-2021- Brown Act Meeting Flexibilities to End September 30, 2021(K-12)

Download pdf: 15-2021 – Brown Act Meeting Flexibilities to End September 30, 2021 (CDC)

As referenced in our Legal Update No. 18-2020, on March 17, 2020, due to the COVID-19 pandemic, Governor Newsom issued Executive Order (“EO”) N-29-20, which provided various flexibilities associated with Brown Act meetings such as meetings not needing to be physically accessible to the public, allowing public participation through electronic means, and not requiring a quorum of the local body to be physically present within the boundaries of the local body.

On June 11, 2021, Governor Newsom issued EO N-08-21[1], in which he announced timelines for the expiration of various Executive Orders he has issued over the past seventeen months.  EO N-08-21 directs that the current Brown Act flexibilities will continue only through September 30, 2021.

As of October 1, 2021, local bodies subject to the Brown Act will again need to fully comply with all provisions of the Brown Act.  We advise our clients to begin preparing and planning to return to “normal” in the conducting of board meetings.

Also, please be advised there is not any state prohibition on convening a Brown Act meeting in-person prior to September 30, 2021, and there is not a requirement or prohibition on a local body providing an option for remote participation by the public for meetings at which the local body is present in-person.  That said, the Legislature has been considering various bills regarding increasing/mandating public participation through electronic means for Brown Act meetings, but at this point, the various bills have not yet been adopted into law.

Lastly, please be advised that the Brown Act does still allow for remote participation from a member(s) of the local body, but a quorum of the local body has to be present within the boundaries of the local body and the remote location(s) must have a meeting agenda posted at the location and be open to members of the public.[2]

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2021 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] https://www.gov.ca.gov/wp-content/uploads/2021/06/6.11.21-EO-N-08-21-signed.pdf.

[2] Government Code § 54953(b).

Legal Update Memo No. 10-2021- Brown Act Meeting Flexibilities to End September 30, 2021(CCD)

Download pdf: 10-2021(CC) – Brown Act Meeting Flexibilities to End September 30, 2021 (CDC)

As referenced in our Legal Update No. 11-2020(CC), on March 17, 2020, due to the COVID-19 pandemic, Governor Newsom issued Executive Order (“EO”) N-29-20, which provided various flexibilities associated with Brown Act meetings such as meetings not needing to be physically accessible to the public, allowing public participation through electronic means, and not requiring a quorum of the local body to be physically present within the boundaries of the local body.

On June 11, 2021, Governor Newsom issued EO N-08-21[1], in which he announced timelines for the expiration of various Executive Orders he has issued over the past seventeen months.  EO N-08-21 directs that the current Brown Act flexibilities will continue only through September 30, 2021.

As of October 1, 2021, local bodies subject to the Brown Act will again need to fully comply with all provisions of the Brown Act.  We advise our clients to begin preparing and planning to return to “normal” in the conducting of board meetings.

Also, please be advised there is not any state prohibition on convening a Brown Act meeting in-person prior to September 30, 2021, and there is not a requirement or prohibition on a local body providing an option for remote participation by the public for meetings at which the local body is present in-person.  That said, the Legislature has been considering various bills regarding increasing/mandating public participation through electronic means for Brown Act meetings, but at this point, the various bills have not yet been adopted into law.

Lastly, please be advised that the Brown Act does still allow for remote participation from a member(s) of the local body, but a quorum of the local body has to be present within the boundaries of the local body and the remote location(s) must have a meeting agenda posted at the location and be open to members of the public.[2]

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2021 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] https://www.gov.ca.gov/wp-content/uploads/2021/06/6.11.21-EO-N-08-21-signed.pdf.

[2] Government Code § 54953(b).

Legal Update Memo No. 09-2021- July Notice of Temporary Employment (CCD)

Download pdf: 09-2021(CC) – July Notice of Temporary Faculty Employment (SPR)

This is a reminder that districts are required to provide temporary faculty members written notice indicating the temporary nature of their employment, the salary, and length of time for which the employee is being hiredThis notice must be given at the time of initial employment and thereafter in the month of July each school yearTemporary faculty members must be given written notice of their classification when hired and before starting work.

The notice requirement is described in Education Code section 87477 as follows:

Governing boards of community college districts shall classify as contract employees, those faculty members who have not been classified as regular employees or as temporary employees. The classification shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new faculty member shall receive a written statement indicating his or her employment status and the salary that he or she is to be paid.  If a community college district hires a faculty member as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the faculty member shall be deemed to be a contract employee of the community college district, unless employed with regular status.

The written notice required by section 87477 is critically important when a district hires temporary faculty.  Failure to provide specific notice to each temporary faculty member that he or she is classified as temporary may entitle that temporary faculty member to claim contract (probationary) status.

Temporary faculty members can be released from employment at the board of trustee’s discretion “at the end of a day or week, whichever is appropriate” and subject to any locally established conditions.[1]

Once an employee is considered a contract (probationary) employee, he or she can only be dismissed through the non-reelection process or for cause.[2]  The removal of a probationary employee through the non-reelection process requires compliance with various pre-requisites and for cause dismissal is time consuming, expensive, and may not ultimately be successful.

We cannot overemphasize the importance of complying with Education Code section 87477 and giving your temporary faculty the written notice described above that specifically identifies them as temporary employees in July of each year.

We understand that some districts refer to their temporary faculty who are employed at 67% or less under Education Code section 87482.5 as “adjunct” faculty.  It is important that the notice of temporary status specifically identify the employee classification as “temporary” as opposed to “adjunct.”  The term “adjunct” is not a recognized legal classification under the Education Code and we advise districts use the classification of “temporary” employee.

Please also ensure that your district is able to identify a specific Education Code provision that allows for temporary employment for each faculty member you classify as temporary.  If the district cannot identify a specific basis for temporary status, the individual employee may claim contract (probationary) status.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code section 87665

[2] Education Code sections 87610 & 87732

Legal Update Memo No. 14-2021- July Notice of Temporary Employment (K-12)

Download pdf: 14-2021 – July Notice of Temporary Employment (SPR)

This is a reminder that districts are required to provide each temporary certificated employee written notice indicating the temporary nature of his or her employment, the salary, and length of time for which he or she is hiredThis notice must be given at the time of initial employment and thereafter in the month of July each school yearA temporary certificated employee must be given written notice of his or her classification before starting work.

The notice and classification requirements are described in Education Code section 44916 as follows:

The classification shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new certificated employee of the school district shall receive a written statement indicating his employment status and the salary that he [or she] is to be paid. If a school district hires a certificated person as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the certificated employee shall be deemed to be a probationary employee of the school district, unless employed with permanent status.

The written notice required by section 44916 is critically important when a district hires a temporary certificated employee.  Failure to provide specific notice to each temporary certificated employee that he or she is classified as temporary may entitle that employee to claim probationary status.
A temporary certificated employee can be released from employment under the following circumstances:[1]

  1. At the pleasure of the board prior to serving during one school year at least 75 percent of the number of days the regular schools of the district are maintained.
  2. After serving the number of days set forth above, if the employee is notified before the end of the school year of the district’s decision not to reelect the employee for the next succeeding year.

Once an employee is considered a probationary employee, he or she can only be dismissed for cause[2] or through the non-reelection process.[3]  Classification as a probationary employee greatly limits a district’s ability to remove that employee as compared to a temporary employee.

Accordingly, we cannot overemphasize the importance of giving each temporary certificated employee the written notice described above that specifically identifies him or her as a temporary employee at the time of initial employment before starting work and in the month of July each year.

Please also ensure that your district is able to identify a specific Education Code provision that allows for temporary employment for each certificated employee that you classify as temporary.  If the district cannot identify a specific basis for temporary status, the individual employee may claim probationary status.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code section 44954

[2] Education Code section 44948

[3] Education Code section 44948.5

Legal Update Memo No. 13-2021- UPDATE: SB 328 – Middle and High School Start Times (K-12)

Download pdf: 13-2021 – Updated Middle and High School Start Times (KAS)

Previously, our office issued Legal Update 37-2019 addressing Senate Bill (“SB”) 328, which was enacted on January 1, 2020. This bill was codified at Education Code section 46148.

Pursuant to Education Code section 46148(c), effective July 1, 2022,[1] middle schools may not start instruction before 8:00 a.m., and high schools may not start instruction before 8:30 a.m. This rule applies to middle and high schools, including those operated by charter schools, except for “rural school districts.”

Currently, there is a new SB 328 which proposes to amend section 46148 to define “rural school district,” and also exempt a “rural charter school” from the requirements. However, the new SB 328 does not propose to change the effective date of the start time requirements.

Information on the current SB 328 can be found at:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB328.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. 

© 2021 School and College Legal Services of California 

All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Or upon the expiration of the district’s collective bargaining agreement in effect on January 1, 2020, whichever is later.

Legal Update Memo No. 12-2021- 2021-2022 Annual Notice to Parents (K-12)

Download pdf: 12-2021 2021-22 Annual Notice to Parents (KAS) w attc.

Consistent with Education Code section 48980 and other state and federal laws which require districts to annually notify students, parents, and guardians of their legal rights and responsibilities, attached is a form Annual Notice to Parents appropriate for use in the 2021-2022 school year.

The attached Annual Notice to Parents will satisfy a school district’s obligations under Education Code section 48980 and other state and federal laws addressing annual notice requirements.  However, please be aware that the attached Annual Notice to Parents:

  • Provides only summary notification to parents for annually required notices; and
  • Does not satisfy any specific circumstance notifications that may be required under state and/or federal law, which will vary from district to district and may vary from school site to school site.

Notes and Changes for the 2021-2022 Notification 

Please note the following for the 2021-2022 Annual Notice to Parents:

  • Scoliosis Screening Notice May Not Be Required: Education Code section 49452.5, which requires school districts to provide for scoliosis screenings for all female pupils in grade 7 and all male pupils in grade 8, was suspended pursuant to the Governor’s Budget Act of 2020 for the 2020-21 fiscal year.  As a result, school districts could exercise their discretion as to whether to provide this service since it was not mandated.

Please be advised that in approximately July 2021, the California Department of Finance will advise the California Department of Education if this mandate will continue to be suspended for the 2021-22 school year.  We anticipate that the mandate will continue to be suspended for the 2021-22 school year. However, if scoliosis screenings are mandated for the 2021-22 school year, school districts may need to provide notice to parents of this change.

  • Photographs – Directory Information: Consistent with Education Code section 49061, “directory information” does not include photographs of students, meaning that photographs of students are “pupil records” and cannot be released without parent/guardian consent. “Directory information” under federal law could include photographs, and some districts have included photographs in the definition of directory information in their board policies. Please note that we have included a section within the attached “Acknowledgement of Parent or Guardian of Annual Rights Notification” giving the district permission to publish photographs of students.  Districts are advised to check their board policies to ensure the definition they have adopted for “directory information” correlates to the definition in the Annual Notice to Parents, and if it does not, to make any necessary changes.  If a parent or guardian directs the district not to release “directory information,” the district needs to be aware of the definition it has adopted to ensure compliance.

Additional Documents That Must be Included in the Annual Notice to Parents

As always, each school district is required to provide, in addition to the Annual Notice to Parents, documents that are specific to each individual school district.  The following documents must be included with the Annual Notice to Parents:

  • Your district’s policy on sexual harassment;
  • A listing of all pesticides that will be used at each school site in your district (including the Internet address developed by the Department of Pesticide Regulation pursuant to Food and Agricultural Code section 13184 for access to information on pesticides and pesticide use reduction, and the parent option to register to receive notification of individual pesticide applications at the school facility) and, if using pesticides not listed in Education Code 17610.5, the district’s integrated pest management (IPM) plan or the district website address where the plan may be viewed;
  • The schedule of all minimum and pupil-free staff development days for your district (your school calendar);
  • Your district’s policy on parent classroom visits;
  • Your district’s Uniform Complaint Procedures, which should include an explanation of the process, opportunity to appeal to the California Department of Education (Education Code section 262.3), district persons responsible for processing complaints, and a statement that additional civil law remedies may be available under state and federal discrimination laws. Each district’s Uniform Complaint Procedures, typically found in Board Policy and Administrative Procedure 1312.3, should be updated annually to ensure compliance with current laws.

If your school district offers any of grades 9 to 12, you must provide information about college admission requirements and career technical education with your Annual Notice to Parents:

  • Pursuant to Education Code section 51229, each district offering grades 9-12 is required to provide the parent or guardian of each minor pupil enrolled in any of those grades in the district with an annual written notification of the College Admission Requirements and Career Technical Education. This written notice, to the extent possible, shall not exceed one page in length and must include the following:
  • A brief explanation of the college admission requirements;
  • A list of the current University of California and California State University websites and a list of high school courses that have been certified by the University of California as satisfying the requirements for admission to the University of California and the California State University;
  • A brief description of career technical education, as defined by the CDE;
  • The internet address for the portion of the website of the CDE where students can learn more about career technical education; and
  • Information about how students may meet with school counselors to help them choose courses at their school that will meet college admission requirements and/or enroll in career technical education courses, or both.
  • In addition, if a district elects to allow a career technical education course to satisfy the visual/performing arts or foreign language graduation requirement, the district shall provide information about the high school graduation requirements of the district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to state public colleges, as well as a complete list of career technical education courses offered by the district that satisfy the subject matter requirements for admission to the state public colleges, and which of the specific admission requirements these courses satisfy. It is recommended that the College Admission Requirements and Career Technical Education notification be included with your Annual Notice to Parents.

Other Relevant Laws to Consider

As described above, several state and federal laws require that many documents and other information be made available to parents/guardians upon request, including, but not limited to, each school’s Prospectus of School Curriculum and district non-discrimination policies. In satisfaction of these requirements, the 2021-2022 Annual Notice to Parents provides that such information may be obtained either from the student’s school or the district office (as appropriate).  Some laws require notifying parents or guardians in particular situations that do not apply to all students or all schools.

Please review the following sections carefully to ensure that your district’s policies and procedures and your Annual Notice to Parents are consistent with the relevant laws.

Code of Conduct for Employee-Pupil Interactions

Pursuant to Education Code section 44050, LEAs that maintain an employee code of conduct containing a section on employee interactions with pupils must provide a written copy of the section to the parent or guardian of each pupil at the beginning of the school year. This requirement is satisfied by including the relevant section in the Annual Notice to Parents. If you have a code of conduct containing a section on employee interactions with pupils, we strongly encourage you to include the language in your Annual Notice to Parents.

Immigrant Pupils Rights

Pursuant to Education Code section 234.7(d)(1), LEAs must provide information to parents and guardians regarding their children’s right to a free public education regardless of immigration status or religious belief. This information has been incorporated into the Annual Notice to Parents, but such information may also be distributed by any other cost-effective means determined by the LEA.

Long-Term English Learners

Under Education Code section 440, each parent or guardian must be given notice when their child is assessed for English language proficiency no later than 30 days after the start of the school year. Education Code section 313.2 expanded these parental notification requirements to include the following additional information: 1) whether the child is a long-term English learner or at risk of becoming a long-term English learner; 2) the manner in which the English language development instruction will meet the educational needs of long-term English learners or those at risk of becoming long-term English learners; and 3) the manner in which the program for English language development instruction will help long-term English learners or those at risk of becoming long-term English learners develop English proficiency and meet age-appropriate academic standards.

School Accountability Report Card

Pursuant to Education Code section 35256, the governing board of each school district shall annually issue a School Accountability Report Card for each school in the district, publicize those reports, and notify parents or guardians of pupils that a hard copy will be provided upon request.  Each district must make hard copies of its annually updated report card available, upon request, on or before February 1st of each year. We strongly encourage that each district include this information in its Annual Notice to Parents.

Title I / Every Student Succeeds Act

For districts that may be receiving Title I and/or any other federal funds, please note that the Annual Notice to Parents is not intended to satisfy other specific notification obligations you may have under federal law, including ESSA. Although the Annual Notice to Parents does contain some parent notifications in satisfaction of ESSA, the scope of such notice is limited to providing only those notices universally required of all districts. Similar to the ESSA requirements, California has enacted the Open Enrollment Act,[1] which requires districts with a “low-achieving school” to notify the parents at that school of their option to transfer to another public school served by the district of residence or another school district. Districts should consult with their Title I and other special program coordinators as well as School and College Legal Services with respect to any additional notifications that may be required.

Title VI of the Civil Rights Act of 1964

Additionally, Title VI of the Civil Rights Act of 1964 requires that each district have a policy of non-discrimination on the basis of race, color, national origin, sex, age, or disability. We recommend that this policy be included with your Annual Notice to Parents.

Title IX of the U.S. Education Amendments of 1972

Title IX of the U.S. Education Amendments of 1972 requires that each district provide a notice of non-discrimination and state that the district does not discriminate on the basis of sex in its educational programs and activities. The notice must state that questions regarding Title IX may be referred to the school’s Title IX coordinator or the Office of Civil Rights. The district must notify all students and employees of the name or title, office address, telephone number, and email address of each district’s designated Title IX coordinator(s).

Federal Race and Ethnicity Data Collection Reporting

Based upon final guidance from the U.S. Department of Education regarding the collection of race and ethnicity data for students and staff, the California Department of Education has revised its data collection requirements using the California Pupil Achievement Longitudinal Data System (CALPADS). School districts are obligated to comply with the reporting requirements using a two-part question (https://www.cde.ca.gov/ds/dc/es/refaq.asp). It is recommended that the Annual Notice to Parents be used as the mechanism for distributing the information to students.

Translation

For those districts subject to Education Code section 48985,[2] the 2021-22 Annual Notice to Parents has been translated into Spanish and is attached for your convenience. The California Department of Education has established a Clearinghouse for Multilingual Documents to help school districts meet state and federal requirements for document translation and parental notification, including the requirements in Education Code section 48985, Every Student Succeeds, and other legislation. The Clearinghouse may be accessed at the following web address: http://www.cde.ca.gov/Ls/pf/cm/.

Bullying

Districts are required to adopt and publicize a policy prohibiting discrimination, harassment, intimidation, and bullying, based on actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.  Districts are required to post the policy in all schools and offices, including staff lounges and student government meeting rooms and the policy must be translated as required by Education Code section 48985. It is recommended that the Annual Notice to Parents be used as a mechanism for distributing the policy to students. 

Sections of the Annual Notice to Parents Required Under Specific Circumstances

Lastly, please find below a list of updated code sections that require annual notice to parents only under specific circumstances. Most of these code sections have not been added to the Annual Notice to Parents as they may not be applicable to all students and specific policies may vary from district to district. It is the responsibility of the individual school district to notify parents regarding the following sections: 

  • Education Code section 310 – Multilingual Education

If a school district implements a language acquisition program under this section, information on the types of language programs available and a description of each program must be given to parents and guardians in the annual parent notice or upon enrollment.

  • Education Code section 49073.6 – Information from Social Media

If your district has adopted a program or entered a contract for services to gather and maintain information from social media[3] about enrolled students, the district must provide certain information to the parent or guardian of any student whose information has been gathered. This information may be included in the Annual Notice. The parent or guardian of the student whose information has been gathered must be notified of the following: 1) the student’s information is being gathered from social media; 2) the process by which the student or their parent or guardian can access and examine the collected information; and 3) the process by which the student or their parent or guardian can request the correction or removal of information gathered.

  • Education Code section 35182.5 – Electronic Products or Services that Disseminate Advertising

If a district enters into a contract for electronic products or services that requires the dissemination of advertising to students, the district must provide written notice to the parents or guardians of the students that the advertising will be used in the classroom or other learning centers.

  • Education Code section 69432.9 – Cal Grant Program

Districts must notify students enrolled in 11th grade and, for pupils under 18 years of age, his or her parent or guardian, that the students will be deemed Cal Grant applicants unless the students opt out of being automatically deemed a Cal Grant applicant. If 11th grade students do not opt out,[4] their grade point average will be submitted electronically. This written notice must be provided to all 11th grade students, and their parents (for students who are under 18), by January 1 of the student’s 11th grade year. The notice must specify the process and time by which students may opt out within a set period of time, but not less than 30 days. The notice must indicate when the school will send grade point averages to the commission and the submission deadline of October 1.

  • Health and Safety Code sections 120325 & 120335 – Immunizations

Immunizations are discussed in the Annual Notice to Parents under “Communicable Diseases.” However, districts may want to provide supplemental information detailing the specifics of the immunization requirements due to the impact it may have on students.  The law requires all students entering kindergarten, including transitional kindergarten, or advancing from sixth to seventh grade in the district, or prior to their first admission to the district, to comply with the immunization requirements of Health and Safety Code section 120335, unless the student provides the district with a valid exemption from a licensed physician, which, after January 1, 2021, must comply with the requirements set forth in Health and Safety Code section 120372. New personal-belief exemptions filed with the district will no longer be accepted.  Documented immunizations appropriate for each student’s age include (1) Diphtheria, (2) Haemophilus influenzae type b, (3) Measles, (4) Mumps, (5) Pertussis (whooping cough), (6) Poliomyelitis, (7) Rubella, (8) Tetanus, (9) Hepatitis B, (10) Varicella (chickenpox), and any other diseases deemed appropriate by the department. Students qualified for an individualized education program may access special education and related services. Full immunization against Hepatitis B shall not be a condition of admittance to 7th grade. All students entering 7th through 12th grades must be immunized with a pertussis (whooping cough) vaccine booster called Tdap. This affects all students – current, new, and transfers – in public and private schools. It is recommended that the immunization notification be included with the Annual Notice to Parents.

  • Education Code section 32221.5 – Pupils Insurance for Athletic Teams

Requires school districts that elect to operate an interscholastic athletic team(s) to include the following statement, printed in boldface type of prominent size, in all offers of insurance coverage that are sent to members of school athletic teams:

“Under state law school districts are required to ensure that all members of school athletic teams have accidental injury insurance that covers medical and hospital expenses.  This insurance requirement can be met by the school district offering insurance or other health benefits that cover medical and hospital expenses.  

Some pupils may qualify to enroll in no-cost or low-cost local, state, or federally sponsored health insurance programs.  Information about these programs may be obtained by calling ____________ [Insert toll-free telephone number].”[5]

  • Education Code section 49475 – Concussions and Head Injuries in Athletics

Requires districts that elect to offer athletic programs to provide, on a yearly basis, a concussion and head injury information sheet, which must be signed and returned by the athlete and the athlete’s parent or guardian before the athlete may initiate practice or competition.

  • Education Code section 48980(m) – Transfer of Student with Felony Conviction

A school district that elects to adopt a policy regarding the transfer of pupils convicted of a violent felony or misdemeanor, pursuant to Education Code section 48929, shall inform parents or guardians of the policy in the Annual Notice to Parents.

  • Education Code section 49452.8 – Pupil Health: Oral Health Assessment

Requires public schools to send a notification of the oral health assessment requirements, including a standardized form that can be used for the assessment or on which the parent or legal guardian can indicate one of several specified reasons why an oral health assessment by a licensed dentist or other registered dental health professional assessment cannot be completed for any pupil enrolled in kindergarten in a public school, or in first grade if the pupil was not previously enrolled in kindergarten in a public school.

  • Education Code section 44808.5 – High School Open Campus

If a school district allows high school students to leave campus at lunchtime, a copy of the following notice set forth below in bold letters must be included as part of the Annual Notice to Parents:

The governing board of the __________ School District, pursuant to Section 44808.5 of the Education Code, has decided to permit the pupils enrolled at _____________ High School to leave the school grounds during the lunch period. 

Section 44808.5 of the Education Code further states:

“Neither the school district nor any officer or employee thereof shall be liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section.” 

  • Education Code section 35211 – Driver’s Training

School districts that maintain a driver’s training course must advise parents of students participating in the course of the civil liability that will be imposed on the parent or guardian, and insurance coverage carried by the district for such courses, specifically including any limitations of such coverage as it relates to parent liability.

  • Education Code section 11503 – Programs to Encourage Parental Involvement

Districts receiving funds under the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act are required to develop a written parent and family engagement program for each school in the district that receives these funds. Each year, these districts must provide:

  • An annual statement identifying specific objectives of the program.
  • An annual review and assessment of the program’s progress in meeting those objectives with the review being made available to parents upon request.
  • Title 20 of the United States Code section 1232h – Protection of Pupil Rights

The Protection of Pupil Rights (“PPRA”) requires that districts develop policies that obligate them to obtain prior written consent from parents prior to their student participating in a survey containing one or more of the following items:

(1)  political affiliations or beliefs of the student or the student’s parent;

(2)  mental or psychological problems of the student or the student’s family;

(3)  sex behavior or attitudes;

(4)  illegal, anti-social, self-incriminating, or demeaning behavior;

(5)  critical appraisals of other individuals with whom respondents have close family relationships;

(6)  legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7)  religious practices, affiliations, or beliefs of the student or student’s parent; or

(8)  income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The PPRA requires that school districts provide parents with annual notice of these policies and parents’ rights under the policies at the beginning of the school year and within a reasonable period of time after any substantive change in such policies, including the process to opt their children out of participation in certain activities, and the dates during the school year when the district schedules: (a) surveys requesting personal information; (b) physical examinations or screenings; and (c) collection of personal information from students for marketing or sale.

California has also adopted a similar requirement to the PPRA in Education Code section 51513, which requires written parent consent prior to their students participating in a survey, test, questionnaire, or examination regarding the pupil’s or the pupil’s family’s beliefs, morality, and similar issues.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Enclosures 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. 

© 2021 School and College Legal Services of California 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code sections 48350 et seq.

[2] Where 15 percent or more of pupils enrolled speak a primary language other than English, all notices, reports and statements sent to the parent or guardian must be written in the primary language in addition to being written in English.

[3] “Social media” is defined as an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (Education Code section 49073.6(a)(2).)

[4] Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18, only the pupil may opt out.

[5] Under the law, the toll-free telephone number can be for: 1) The Healthy Families Program; 2) Medi-Cal; 3) Any other comparable toll-free telephone number for a no-cost or low-cost local, state, or federally sponsored health insurance program. (Education Code § 32221.5, subd. (c).) The number for Medi-Cal, 1-800-880-5305, will meet this requirement.

REVISED Legal Update Memo No. 08-2021(CC)- Supplemental Paid Sick Leave for Qualifying Reasons Related to COVID-19 (SB 95) – Model Notice Available (CCD)

Download pdf: 08-2021(CC) REVISED Supplemental Paid Sick Leave for Qualifying Reasons Related to COVID-19 (SB 95) (NLK) w Att

Note: Changes from the original Legal Update are highlighted in red bold font for your convenience.

Beginning March 29, 2021, Labor Code section 248.2 requires employers with more than 25 employees to provide Supplemental Paid Sick Leave (SPSL) to employees who are unable to work or telework for any of the following Qualifying Reasons (QR):

  1. Employee is subject to a COVID-19 quarantine or isolation period as specified in an order or guideline by the California Department of Public Health (CDPH), federal Center for Disease Control (CDC) or a local health officer with jurisdiction over the workplace.[1]
  2. Employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
  3. Employee is attending an appointment to receive a COVID-19 vaccine.
  4. Employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework.
  5. Employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  6. Employee is caring for a family member[2] who is subject to an order or guidelines described in QR 1 or 2, above.
  7. Employee is caring for a child[3] whose school, place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. (Lab. Code 248.2(b)(1))

NOTE: SPSL is a new statutory leave entitlement that is in addition to leave previously provided under the Families First Corona Virus Response Act, which expired December 31, 2020.

LEAVE ALLOTMENT 

The number of SPSL hours a “covered employee”[4] is entitled to is based on the number of hours the employee works or is scheduled to work. (Lab. Code 248.2(b)(2))

  • Full-Time/40-Hour Employees: Up to 80 hours for covered employees who are full time or scheduled to work at least 40 hours per week in the two weeks preceding the date the employee took SPSL leave.
  • Less than 40-Hour Employees: The total number of hours the covered employee is normally scheduled to work for the employer over two weeks.
  • Employees with a Variable Schedule for Six or More Months: 14 times the average number of hours the covered employee worked each day in the six-month period preceding the date the covered employee took SPSL.
  • Employees with a Variable Schedule for More than 14 Days and Less than Six Months: The average number of hours the covered employee worked over the entire period the covered employee has worked for the employer.
  • Employees with a Variable Schedule for 14 or Fewer Days: The total number of hours the covered employee works a variable schedule over a period of 14 or fewer days.

(Lab. C. 248.2(b)(1))

SPSL is in addition to paid leave an employee is entitled to receive under the Health Workplaces Healthy Families Act.   (Lab. C. 248.2(b)(2)(D))

RIGHT TO IMMEDIATE USE OF SPSL 

Covered employees are entitled to use SPSL immediately upon “oral or written request” before use of other paid or unpaid leave provided by the employer. (Lab. C. 248.2(b)(2)(e) and (4))  Employers are not permitted to require a health care provider’s certification before allowing an employee to use SPSL, but if the employer acquires information that the employee requested SPSL for an invalid purpose, a reasonable inquiry for supporting documentation may be made.[5]

When covered employees are excluded from the workplace pursuant to the Title 8 Emergency Temporary Standards due to COVID-19 exposure in the workplace[6], an employer may require covered employees to first exhaust their SPSL to satisfy the employer’s Title 8 obligation to continue compensation and benefits during the exclusion period.  (Lab. C. 248.2(b)(5))

RATE OF COMPENSATION  

Non-Exempt Employees: SPSL must be compensated at the highest of:

  1. The covered employee’s regular rate of pay for the work week the covered employee uses SPSL,
  2. The rate calculated by dividing the Covered employee’s total wages, not including overtime, by the employee’s total hours worked in full pay periods of the prior 90 days of employment,
  3. The state minimum wage,
  4. The local minimum wage to which the Covered employee is entitled.

Exempt Employees: The rate calculated in the same manner as the employer calculates other forms of paid leave.  (Lab. Code 248.2(b)(3)(A)) 

MAXIMUM COMPENSATION 

Employers are not required to pay more than $511 per day or $5,110 in the aggregate to a covered employee. (Lab. Code 248.2(b)(3)(c))

A covered employee who has reached the maximum compensation under section 248.2 may elect to use other available paid sick to receive full compensation. (Lab. C. 248.2(b)(3)(c))

OTHER EMPLOYER-PROVIDED SUPPLEMENTAL BENEFITS 

If an employer has paid an employee another supplemental benefit for leave taken after January 1, 2021, for one of the QRs, at a rate at least equal to the rate required under section 248.2, the employer may count the hours of the other supplemental benefits toward the total number of SPSL hours the employer is required to provide.  (Lab. C. 248.2(c))  Some districts and county offices of education have provided such supplemental benefits by policy or memorandum of understanding with exclusive representatives.  If the rate paid was not at least equal to the rate required by section 248.2, see RETROACTIVE APPLICATION, below. 

EFFECTIVE PERIOD/RETROACTIVE APPLICATION OF SECTION 248.2 

Section 248.2 went into effect on March 29, 2021, and is retroactive to January 1, 2021.

If an employer did not compensate an employee who took leave after January 1, 2021, for one of the specified QRs, at a rate at least equal to the rate required by section 248.2, “upon the oral or written request of the employee, the employer shall provide the covered employee with a retroactive payment that provides for such compensation.”  (Lab. C. sec. 248.2(e)(2)(A))  Payment is due “on or before the payday for the next full pay period after the oral or written request of the covered employee.” (Lab. C. 248.2(e)(2)(C))

The number of hours paid retroactively “shall count toward the total hours of [SPSL] that the employer is required to provide [under section 248.2].” (Lab. C. 248.2(e)(2)(B))

Section 248.2 expires on September 30, 2021, “except that a covered employee taking [SPSL] at the time of expiration…shall be permitted to take the full amount of [SPSL] to which the covered employee otherwise would have been entitled.”  (Lab. C. sec. 248.2(f)) 

NOTICE TO EMPLOYEES/RECORD KEEPING

Employers are required to display a poster in a conspicuous location of employees’ rights to accrue, request, and use paid sick days, the amount of sick days, and the terms of use of paid sick days.  The California Labor Commissioner has issued a model notice,[7] See attached copy. For employees who do not frequent the workplace notice may be given by email.

Employers are also required to “keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee….”  (Lab. Cod. 247.5)  As SPSL is an entitlement to leave that is distinct from other sick leave available to local educational agency employees, employers should maintain a record of accrued and used SPSL that is separate from records of other types of sick leave.    

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 

© 2021 School and College Legal Services of California

 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] The California Department of Industrial Relations has clarified that the “order or guidelines must be specific to the covered employee’s circumstances.  A general stay-at-home order would not count.”  DIR FAQs (https://www.dir.ca.gov/dlse/COVID19Resources/FAQ-for-SPSL-2021.html)

[2]Family member” means any of the following:

(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

(3) A spouse.

(4) A registered domestic partner.

(5) A grandparent.

(6) A grandchild.

(7) A sibling.

(Lab. C. 245.5(c),  248.2(b)((1)(F) – Kin Care Definitions)

[3] See f.n. 1, paragraph 1.  “Child” is not restricted by age or require that a child over 18 be incapable of self-care.

[4]Covered employee” means an employee who is unable to work or telework for an employer because of one of the QRs.  (Lab. C. 248.2(a)(3))

[5] DIR FAQs (https://www.dir.ca.gov/dlse/COVID19Resources/FAQ-for-SPSL-2021.html)

[6] “COVID-19 exposure” means being within six (6) feet of a COVID-19 Case for a cumulative total of 15 or more minutes within a 24-hour period.

[7] Model Notice (https://www.dir.ca.gov/dlse/2021-COVID-19-Supplemental-Paid-Sick-Leave.pdf)