Senate Bill 1159 created new reporting requirements for employers regarding their employees who test positive for COVID-19, and became effective immediately upon signing by the Governor on September 17, 2020.
Under SB 1159, California employers with five (5) or more employees must report to their claims administrator via email or fax, any instance of which they are aware an employee tested positive for COVID-19, or risk substantial financial penalty.
- For an employee who tests positive between July 6, 2020 and September 16, 2020, regardless of whether the employee claimed a work-related injury, employers have until October 29, 2020 to report.
- For an employee who tests positive on or after September 17, 2020, regardless of whether the employee claimed a work-related injury, employers have three business days after their date of knowledge to report.
State Fund has developed resources and training to assist California employers in meeting this requirement.
- We created the Positive COVID-19 Report Form, located on StateFundCA.com on our SB 1159 resource page, along with detailed instructions about how and when to report positive COVID-19 tests.
- A recording of our is available for viewing on our Employer Education Seminar page on
The provisions of SB 1159 also contain three new labor code sections: Labor Code Section .3212.86, 3212.87 and 3212.88, codifying three rebuttable presumptions for workers’ compensation claims. This is important to note because these new labor codes reduce the normal 90-day timeframe to accept or deny a claim to 30 or 45 days.
If you have additional questions, you may also contact your State Fund marketing representative or call our customer service center at (888) 782-8338.