Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires employers with at least 500 employees to provide 2 weeks of supplemental paid sick leave for full time workers.

Highlights:

• Requires the Department of Fair Employment and Housing (DFEH) to create a small employer family leave mediation pilot program for employers with between 5 and 19 employees (Sec. 1).

• Specifies that the provisions relating to the pilot program will be repealed January 1, 2024 (Sec. 1).

• Requires food employees working in any food facility to be permitted to wash their hands every 30 minutes and additionally as needed (Sec. 2).

• Establishes COVID-19 food sector supplemental paid sick leave for food sector workers and COVID-19 supplemental paid sick leave for covered workers to be provided if the food sector worker or covered worker is unable to work due to any of the following reasons (Sec. 3-4):

• The worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19;

• The worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or

• The worker is prohibited from working by the worker’s hiring entity due to health concerns related to the potential transmission COVID-19.

• Defines “covered worker” as any person that is employed by a hiring entity or is employed as a health care provider or emergency responder, and leaves their place of residence to perform work (Sec. 4). 

• Defines “hiring entity” to include private entities that have 500 or more employees in the United States or public entities that employ health care providers or emergency responders and have elected to exclude such employees from paid sick leave (Sec. 4).

• Requires food sector and covered workers to to be entitled to the following number of hours of COVID-19 supplemental paid sick leave (Sec. 3-4):

• 80 hours for full time workers or those that work an average of 40 hours per week in the 2 weeks preceding the date the worker takes the sick leave;

• The total number of hours the worker is normally scheduled to work over 2 weeks if the food sector worker has a normal weekly schedule; and

• 14 times the average number of hours the worker worked each day in the 6 months preceding the date the worker takes the sick leave, if the worker works a variable number of hours. 

• Authorizes food sector and covered workers to determine how many hours of paid sick leave to use (Sec. 3-4).

• Requires each hour of paid sick leave to be compensated at a rate equal to the highest of either the worker’s regular rate of pay, the state minimum wage, or the local minimum wage (Sec. 3-4).  

• Prohibits a hiring entity from being required to pay more than $511 per day and $5,110 in the aggregate to a food sector worker or covered worker for COVID-19 paid sick leave taken by the worker (Sec. 3-4)

• Specifies that the requirement to provide COVID-19 food sector supplemental paid sick leave applies retroactively to April 16, 2020 (Sec. 3).

• Specifies that the requirement to provide COVID-19 food sector supplemental paid sick leave and COVID-19 supplemental sick leave expires December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act, whichever is later (Sec. 3-4). 

• Appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the COVID-19 supplemental paid sick leave for covered workers and COVID-19 food sector supplemental paid sick leave (Sec. 7).

• Specifies that Section 1 of this act shall become effective only if Senate Bill 1383 is enacted and takes effect on or before January 1, 2021 (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires employers with at least 500 employees to provide 2 weeks of supplemental paid sick leave for full time workers.

Highlights:

• Requires the Department of Fair Employment and Housing (DFEH) to create a small employer family leave mediation pilot program for employers with between 5 and 19 employees (Sec. 1).

• Specifies that the provisions relating to the pilot program will be repealed January 1, 2024 (Sec. 1).

• Requires food employees working in any food facility to be permitted to wash their hands every 30 minutes and additionally as needed (Sec. 2).

• Establishes COVID-19 food sector supplemental paid sick leave for food sector workers and COVID-19 supplemental paid sick leave for covered workers to be provided if the food sector worker or covered worker is unable to work due to any of the following reasons (Sec. 3-4):

• The worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19;

• The worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or

• The worker is prohibited from working by the worker’s hiring entity due to health concerns related to the potential transmission COVID-19.

• Defines “covered worker” as any person that is employed by a hiring entity or is employed as a health care provider or emergency responder, and leaves their place of residence to perform work (Sec. 4). 

• Defines “hiring entity” to include private entities that have 500 or more employees in the United States or public entities that employ health care providers or emergency responders and have elected to exclude such employees from paid sick leave (Sec. 4).

• Requires food sector and covered workers to to be entitled to the following number of hours of COVID-19 supplemental paid sick leave (Sec. 3-4):

• 80 hours for full time workers or those that work an average of 40 hours per week in the 2 weeks preceding the date the worker takes the sick leave;

• The total number of hours the worker is normally scheduled to work over 2 weeks if the food sector worker has a normal weekly schedule; and

• 14 times the average number of hours the worker worked each day in the 6 months preceding the date the worker takes the sick leave, if the worker works a variable number of hours. 

• Authorizes food sector and covered workers to determine how many hours of paid sick leave to use (Sec. 3-4).

• Requires each hour of paid sick leave to be compensated at a rate equal to the highest of either the worker’s regular rate of pay, the state minimum wage, or the local minimum wage (Sec. 3-4).  

• Prohibits a hiring entity from being required to pay more than $511 per day and $5,110 in the aggregate to a food sector worker or covered worker for COVID-19 paid sick leave taken by the worker (Sec. 3-4)

• Specifies that the requirement to provide COVID-19 food sector supplemental paid sick leave applies retroactively to April 16, 2020 (Sec. 3).

• Specifies that the requirement to provide COVID-19 food sector supplemental paid sick leave and COVID-19 supplemental sick leave expires December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act, whichever is later (Sec. 3-4). 

• Appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the COVID-19 supplemental paid sick leave for covered workers and COVID-19 food sector supplemental paid sick leave (Sec. 7).

• Specifies that Section 1 of this act shall become effective only if Senate Bill 1383 is enacted and takes effect on or before January 1, 2021 (Sec. 9).

Full Bill Text