Most California employers will have to alert employees of potential virus exposure within one business day and, if experiencing a COVID-19 outbreak, must now provide workers' compensation benefits, according to the California Dental Association.
Two COVID-19 response bills related to employee notification and workers' compensation were signed last week by California Gov. Gavin Newsom.
Assembly Bill 685 takes effect Jan. 1, 2021, and requires most private and public employers to provide written notice of any potential COVID-19 exposure to affected employees within one business day. If an employer is aware of a COVID-19 outbreak ― defined as three confirmed cases within 14 days ― occurring at the work site, the employer is required to report within 48 hours the confirmed cases to their local public health agency.
Employees of California businesses that have at least five employees and are experiencing an outbreak of COVID-19 are entitled to workers' compensation benefits under separate legislation. Effective immediately, Senate Bill 1159 means an employee's illness or death resulting from COVID-19 is presumed to have occurred in the course of employment and is compensable. This applies to all employees at a dental office if one of the following thresholds is met within 14 calendar days:
- Employers with five to 100 employees: Four or more employees test positive for COVID-19.
- More than 100 employees: 4 percent of the workforce tests positive
Employees must first use available paid sick leave benefits before receiving any temporary disability benefits. Employers who learn that an employee has tested positive must report to their claims administrator within three days.