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New employment laws related to COVID-19 affect California dental practices

September 24, 2020 13290
New COVID-19 response laws affect dental practice owners

Quick Summary:

Effective immediately, employees of California businesses that have at least five employees and are experiencing an outbreak of COVID-19 are entitled to workers' compensation benefits. A separate law requires employers to provide employees with notice of potential exposure to COVID-19.

Two COVID-19 response bills related to employee notification and workers’ compensation were signed last week by Gov. Gavin Newsom and affect dental practice owners. 

Assembly Bill 685 by Eloise Reyes (D-San Bernardino) takes effect Jan. 1, 2021, and requires most private and public employers in California that receive notice of potential exposure to COVID-19 to “provide specified notifications to its employees within one business day of the notice of potential exposure.”

Employers must provide the notification in writing, which can be through email or text message, to all employees who were at the same worksite as the qualifying individual during the COVID-19 infectious period. A qualifying individual is one who either (1) received a laboratory-confirmed positive test for COVID-19, (2) received a diagnosis of COVID-19 from a licensed health care provider or (3) received an official order to self-isolate with potential COVID-19 symptoms.

The bill relies on the California Department of Public Health’s current definition of “infectious period,” which begins 48 hours before the positive COVID-19 test was administered and ends when the COVID-19-positive individual is released from quarantine or within 10 days. 

Reporting outbreaks to local public health agencies

Also under the new law, if an employer is aware of a COVID-19 outbreak ― defined as three confirmed cases within 14 days ― occurring at the worksite, the employer is required to report within 48 hours the confirmed cases to their local public health agency. The employer must continue to provide notice of subsequent cases to the agency.

CDA Practice Support is developing resources to assist practice owners with compliance with the bill’s requirements before they take effect. 

Practice owners should be aware that also pursuant to AB  685, the California Department of Public Health and Cal/OSHA are developing regulations that would require employers to report positive cases of COVID-19 when they reach the outbreak threshold. Those regulations are expected to be in place before AB 685’s January implementation date. CDA will update members on the status and timeline of those regulations. 

Workers’ compensation and COVID-19 presumption

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 legislation signed last week by Gov. Newsom.

Taking effect immediately as an urgency bill, Senate Bill 1159 by Sen. Jerry Hill (D-San Mateo) creates a COVID-19 presumption for the purpose of access to workers’ compensation, meaning that an employee’s “injury” that includes illness or death resulting from COVID-19 is presumed to have occurred  in the course of employment and is compensable for the dates of injury.

The presumption of injury applies to all employees at a workplace where a specified number of employees test positive for COVID-19 within a specified time frame.

For dental offices, the presumption applies if the workplace is experiencing an outbreak, which occurs when 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% of the employer’s workforce tests positive for COVID-19

Employees must first exhaust their paid sick leave benefits specifically available in response to COVID-19 and meet specified certification requirements before receiving any temporary disability benefits. 

Employers who learn that an employee has tested positive for COVID-19 must report specific information in writing to their claims administrator within three days.