Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that expands the definition of "injury" for an employee to include illness or death resulting from COVID-19 under specified circumstances.

Highlights:

• Expands the definition of “injury” to include illness or death resulting from COVID-19 if all of the following circumstances apply (Sec. 1):

• The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction;

• The day referenced in the preceding sub-highlight on which the employee performed labor or services at the employee’s place of employment at the employer’s discretion was on or after March 19, 2020, and on or before July 5, 2020; and

• The diagnosis of COVID-19 was done by a physician who holds a physician and surgeon license issued by the California Medical Board, and the diagnosis is confirmed by further testing within 30 days of the date of diagnosis.

• Specifies that the compensation awarded for injury pursuant to this section includes full hospital, surgical, medical treatment, disability indemnity, and death benefits (Sec. 1).

• Requires an employee, if they have paid sick leave benefits specifically available in response to COVID-19, to use and exhaust those benefits before any temporary disability benefits or benefits under Section 4850 are due and payable (Sec. 1).

• Specifies that in order to qualify for temporary disability of Section 4850 benefits under this section, an employee must satisfy either of the following (Sec. 1):

• If the employee tests positive or is diagnosed with COVID-19 on or after May 6, 2020, the employee will be certified for temporary disability within the first 15 days after the initial diagnosis, and will be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis; or

• If the employee tested positive or was diagnosed with COVID-19 before May 6, 2020, the employee will have obtained a certification, no later than May 21, 2020, documenting the period for which the employee was temporarily disabled and unable to work, and will be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis.

• Specifies that an injury that develops or manifests itself while an employee is employed is presumed to arise out of and in the course of the employment (Sec. 1).

• Requires the Department of Industrial Relations to waive collection on any death benefit payment due pursuant to Section 4706.5 arising out of claims covered by this section (Sec. 1).

Full Bill Text