AB 84 - Establishes a New Paid Sick Leave Program - California Key Vote

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Title: Establishes a New Paid Sick Leave Program

Vote Smart's Synopsis:

Vote to pass a bill that establishes a new paid sick leave program.

Highlights:

 

  • Defines “IWC Wage Order” as a wage order of the Industrial Welfare Commission (Sec. 1-4).

  • Requires each hour of COVID-19 food sector supplemental paid sick leave to be compensated at a rate equal to the highest of the following (Sec. 1-3.A):

    • The food sector worker’s regular rate of pay for the food sector worker’s last pay period;

    • The state minimum wage; and

    • The local minimum wage to which the food sector worker is entitled.

  • Specifies the total number of hours of COVID-19 supplemental paid sick leave to which a covered worker is entitled will be in addition to any paid sick leave that may be available to the covered worker (Sec. 2.D).

  • Prohibits a covered worker from using any other paid or unpaid leave, paid time off, or vacation time provided by the hiring entity to the covered worker before the covered worker uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave (Sec. 2.C-4).

  • Establishes a covered worker is entitled to 80 hours of COVID-19 supplemental paid sick leave, if the covered worker satisfies either of the following criteria (Sec. 2-2.A):

    • The hiring entity considers the covered worker to work “full time”; and

    • The covered worker worked or was scheduled to work, on average, at least 40 hours per week for the hiring entity in the two weeks preceding the date the covered worker took COVID-19 supplemental paid sick leave.

  • Establishes a covered worker who does not satisfy either of the criteria is entitled to an amount of COVID-19 supplemental paid sick leave as follows (Sec. 2.C):

    • If the covered worker has a normal weekly schedule, the total number of hours the covered worker is normally scheduled to work for the hiring entity over 2 weeks;

    • If the covered worker works a variable number of hours, 14 times the average number of hours the covered worker worked each day for the hiring entity in the 6 months preceding the date the covered worker took COVID-19 supplemental paid sick leave. If the covered worker has worked for the hiring entity over a period of fewer than 6 months but more than 14 days, this calculation shall instead be made over the entire period the covered worker has worked for the hiring entity; and

    • If the covered worker works a variable number of hours and has worked for the hiring entity over a period of 14 days or fewer, the total number of hours the covered worker has worked for that hiring entity.

  • Transfers $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 and the COVID-19 food sector supplemental paid sick leave (Sec. 4).

Title: Establishes a New Paid Sick Leave Program

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