Sacramento, CA asked in Employment Law for California

Q: Can i still collect covid 19 employee benefits for the time i worked for a company tested positive for covid

I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump or city garbage and my job was to sort trash all day. This was my 2nd time testing positive for covid and was scared so didnt want to catch it again. So my question would be can i still collect on those benefits if i am no longer employed with that company?

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1 Lawyer Answer
Maya L. Serkova
Maya L. Serkova
  • Orange, CA
  • Licensed in California

A: In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.

Covered employees in the public or private sectors who work for employers with 26 or more employees

are entitled to up to 80 hours of 2022 COVID-19 related paid sick leave from January 1, 2022 through

September 30, 2022, immediately upon an oral or written request to their employer, with up to 40 of

those hours available only when an employee or family member tests positive for COVID-19.

Payment: If an employee took leave for qualified Covid related reasons ( identified in 2022 COVID Supplemental Paid Sick Leave Law) between January 1, 2022 and February 19, 2022, and that leave was either unpaid or compensated at a rate less than the employee’s regular rate of pay, the employee may also request a retroactive payment. Payment is at the employee’s regular or usual rate of pay, not to exceed $511 per day and $5,110 in total.

Best of luck.


Maya L. Serkova

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