Employer Update: As we enter the winter months and cases of COVID continue to rise, we would like to give everyone a quick reminder to be sure to familiarize yourselves with the requirements related to SB-1159 which applies to all employers with 5 or more employees in CA. The full description can be found on the DIR website here: https://www.dir.ca.gov/dwc/Covid-19/FAQ-SB-1159.html
This law creates a rebuttable presumption of eligibility for workers’ compensation benefits if specified criteria are met, including when a workplace COVID outbreak has occurred which is defined as either 4 or more employees with positive tests within a 14 day period (for employers with fewer than 100 employees) or 4% of the employee population in the case of employers with more than 100 employees.
In addition, when an employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer must report certain information to its claims administrator/workers compensation insurance company within 10 days of the receipt or knowledge of positive results. Each workers compensation company will have their own procedures in place for reporting positive cases to them, so be sure to check with your particular company if you have any questions related to their reporting process.