(a) As used in this section: (1) âCOVID-19 food sector supplemental paid sick leaveâ means supplemental paid sick leave provided pursuant to this section. (2) âFood sector workerâ means any person who satisfies all of the following criteria: (A) The person satisfies one or more of the following criteria: (i) The person works in an industry or occupation defined in paragraph (B) of Section 2 of IWC Wage Order 3-2001, paragraph (H) of Section 2 of IWC Wage Order 8-2001, paragraph (H) of Section 2 of IWC Wage Order 13-2001, or paragraph (D) of Section 2 of IWC Wage Order 14-2001. (ii) The person works for a hiring entity that operates a food facility, as defined in Section 113789 of the Health and Safety Code. (iii) The person delivers food from a food facility, as defined in Section 113789 of the Health and Safety Code, for or through a hiring entity. (B) The person leaves the personâs home or other place of residence to perform work for or through the personâs hiring entity. (3) âHiring entityâ means a private sole proprietorship or any kind of private entity whatsoever, including, but not limited to, any kind of corporation, partnership, limited liability company, limited liability partnership, or any other kind of business enterprise, and specifically including, but not limited to, any delivery network company, as defined in subdivision (b) of Section 6041.5 of the Revenue and Taxation Code, and any transportation network company, as defined in subdivision (c) of Section 5431 of the Public Utilities Code, that has 500 or more employees in the United States. For purposes of this paragraph, Section 826.40(a)(1) and (2) of Title 29 of the Code of Federal Regulations shall be used to determine the number of employees that the hiring entity employs. (4) âIWC Wage Orderâ means a wage order of the Industrial Welfare Commission. (b) A food sector worker shall be entitled to COVID-19 food sector supplemental paid sick leave as follows: (1) A hiring entity shall provide COVID-19 food sector supplemental paid sick leave to each food sector worker who performs work for or through the hiring entity if that food sector worker is unable to work due to any of the following reasons: (A) The food sector worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (B) The food sector worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19. (C) The food sector worker is prohibited from working by the food sector workerâs hiring entity due to health concerns related to the potential transmission of COVID-19. (2) A food sector worker shall be entitled to the following number of hours of COVID-19 food sector supplemental paid sick leave: (A) A food sector worker is entitled to 80 hours of COVID-19 food sector supplemental paid sick leave, if the food sector worker satisfies either of the following criteria: (i) The hiring entity considers the food sector worker to work âfull time.â (ii) The food sector 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 food sector worker took COVID-19 food sector supplemental paid sick leave. (B) A food sector worker who does not satisfy either of the criteria in subparagraph (A) is entitled to an amount of COVID-19 food sector supplemental paid sick leave as follows: (i) If the food sector worker has a normal weekly schedule, the total number of hours the food sector worker is normally scheduled to work for or through a hiring entity over two weeks. (ii) If the food sector worker works a variable number of hours, 14 times the average number of hours the food sector worker worked each day for or through the hiring entity in the six months preceding the date the food sector worker took COVID-19 food sector supplemental paid sick leave. If the food sector worker has worked for the hiring entity fewer than si
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