By: Roger M. Mason, Esq., Caitlin E. Kaufman, Esq., and Rachael E. Brown, Esq.
Many employers may not know that the legislation extending COVID-19 Supplemental Paid Sick Leave (SPSL) also provided for a grant program for certain businesses to offset the costs of providing SPSL.
Eligible businesses may apply for the grant via the State of California website: https://caspsl.com/
Eligibility
A “qualified small business or nonprofit” must satisfy the following criteria to be eligible to receive a grant award under the program:
1. Must meet the definition of a qualified small business or nonprofit as confirmed by the California Office of Small Business Advocate (CalOSBA) or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, and bank account validation.
• Must be A “C” corporation, “S” corporation, cooperative, limited liability company, partnership, or limited partnership OR a registered 501(c)(3), 501(c)(6), or 501(c)(19).
• Began operating before June 1, 2021.
• Is currently active and operating.
• Had 26 to 49 employees between January 1, 2021, and December 31, 2022, and must provide payroll data and an affidavit, signed under penalty of perjury, attesting to that fact.
• Has provided COVID-19 Supplemental Paid Sick Leave pursuant to the requirements of Sections 248.6 and 248.7 of the California Labor Code.
• Must provide organizing documents, including a 2020 or 2021 tax return or Form 990, and a copy of official filing with the Secretary of State or with the local municipality, as applicable, including, but not limited to, Articles of Incorporation, Certificate of Organization, Fictitious Name of Registration, or government-issued business license.
2. Must have an owner – or in the case of a nonprofit, an officer – identified as the authorized signer on the application that is at least 18 years of age.
3. Must be able to provide an acceptable form of identity verification through an acceptable government-issued photo ID.
Grant Money is for Reimbursement Only
Eligible businesses may use the grant money to reimburse for SPSL provided between January 1, 2022, and December 31, 2022. Businesses will be required to provide proof of employee payroll records that verify all SPSL provided by the business was pursuant to the state requirements under Labor Code sections 248.6 and 247.7.
Please contact us with any questions about the COVID-19 Grant Program.
***
For more information about any of these employment legal updates, please contact our employment team at 408-356-3000 or via email: Roger Mason at rmason@smwb.com, Caitlin Kaufman at ckaufman@smwb.com, or Rachael Brown at reb@smwb.com.
The information provided in this publication is general in nature and is not intended to answer every question that may arise under different fact situations and should not be relied on in the place of professional advice in a given case. If you have specific questions, please contact Sweeney Mason LLP.
Sweeney Mason LLP
983 University Ave, Suite 104C | Los Gatos, CA 95032 US
408.356.3000
www.smwb.com