20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and Vaccination pertaining to California regulations governed by the Labor Commissioner.

According to the Labor Commissioner, if an employer requires an employee to obtain a COVID-19 test or vaccination, the employer must pay for the time it takes for the testing or vaccination, including the time, spent traveling if the testing/vaccination is off-site.  As “hours worked,” employers should remember that all time associated with employer-mandated testing and vaccinations must be considered for overtime purposes, and comply with California’s meal and rest period requirements.

The Labor Commissioner also indicated if an employee is mandated by an employer to be tested for COVID-19 or be vaccinated, any cost of the test or vaccination must be reimbursed by the employer as a business expense. If the test or vaccine is conducted off-site, the employee is also entitled to travel time and business mileage reimbursement for travel to and from the off-site location.

An employee may also use COVID-19 Supplemental Paid Sick Leave for a vaccination appointment not mandated by the employer. It is important to note that the employer cannot require the use of paid leave when testing and obtaining a vaccination is mandated by the employer since that would be considered “hours worked.”

Jackson Lewis continues to track COVID-19 legislation and guidance affecting employers. If you have questions about the COVID-19 obligations for employers or related issues, contact a Jackson Lewis attorney to discuss.

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Photo of Evan D. Beecher Evan D. Beecher

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration…

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration and administrative hearings.

Evan also defends employers in wage and hour matters, including class and representative action lawsuits. In addition, Evan provides advice and counsel to clients on a variety of employment practices including employee compensation and overtime exemptions, separation agreements, medical leaves of absence, employee handbooks and labor relations.

Photo of Cary G. Palmer Cary G. Palmer

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state…

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state and federal courts in California, the United States Department of Labor, the United States Equal Opportunity Commission, the California Civil Rights Department, the California Division of Labor Standards Enforcement, and the California Workers’ Compensation Appeals Board. He also defends management in statewide and nationwide class action and collective action litigation. Cary also defends management in litigation involving wrongful termination, reductions in force, discrimination, harassment, breach of contract, wage and hour, benefits, and other labor and employment-related actions. He also conducts employee and management training seminars, and provides proactive employment advice and counsel.