California Labor Code § 248.1

Labor Code
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(a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Covered worker” means any person who satisfies the following criteria: (A) The person satisfies one or more of the following criteria: (i) The person is employed by a hiring entity, as defined in subparagraph (A) of paragraph (3). (ii) The person is employed as a health care provider or emergency responder, as defined under Section 826.30(c) of Title 29 of the Code of Federal Regulations, by a hiring entity as defined in subparagraph (B) of paragraph (3) that has elected to exclude such employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (Public Law 116-127). (B) The person satisfying one or more of the criteria in subparagraph (A) leaves the person’s home or other place of residence to perform work for the person’s hiring entity. (C) Notwithstanding subparagraph (A), a “covered worker” shall not include any of the following: (i) A person who 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) A person who works for a hiring entity that operates a food facility, as defined in Section 113789 of the Health and Safety Code. (iii) A person who delivers food from a food facility, as defined in Section 113789 of the Health and Safety Code, for or through a hiring entity. (3) “Hiring entity” means either of the following: (A) 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 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. (B) An entity, including a public entity, that employs health care providers or emergency responders as defined under Section 826.30(c) of Title 29 of the Code of Federal Regulations, and that has elected to exclude such employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (Public Law 116-127). (4) “IWC Wage Order” means a wage order of the Industrial Welfare Commission. (b) A covered worker shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) A hiring entity shall provide COVID-19 supplemental paid sick leave to each covered worker who performs work for the hiring entity if that covered worker is unable to work due to any of the following reasons: (A) The covered worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (B) The covered worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19. (C) The covered worker is prohibited from working by the covered worker’s hiring entity due to health concerns related to the potential transmission of COVID-19. (2) A covered worker shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) 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: (i) The hiring entity considers the covered worker to work “full time.” (ii) 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. (B) Notwithstanding subparagraph (A), a covered worker who is an active firefighter who was scheduled to work more than 80 hours for the hiring en

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