CA2021 COVID-19

COVID-19 Supplemental
Supplemental Paid
Paid Sick Leave for FoodSick
SectorLeave
Workers
Effec�ve March 29, 2021
California COVID-19 Supplemental Paid Sick Leave for Food Sector Workers, Effective April 16, 2020.

Hiring entities
Covered within500
Employees theorpublic
moreoremployees nationwide
private sectors are for
who work required to provide
employers supplemental
with more paid sick leave
than 25 employees are
to foodto
en�tled sector
up toworkers
80 hoursforofspecified
COVID-19reasons
relatedrelated to COVID-19.
sick leave (See1,Labor
from January 2021 Code section 248.)
to September 30, 2021,
immediately upon an oral or wri�en request to their employer. If an employee took leave for the reasons below
Qualifying
prior Reasons
to March for the
29, 2021, Taking COVID-19
employee Supplemental
should make an oralPaid Sick Leave
or wri�en request to the employer for payment.
A food sector worker may take leave if the worker is unable to work for any of the following reasons:
A covered employee
The worker maytotake
is subject a leave if the employee
The worker isis advised
unable tobywork
a or telework for anyisofprohibited
The worker the following
from
reasons:
Federal, State, or local quarantine healthcare provider to self- working by the worker’s hiring
○ orCaring for Yourself:
isolation The employee
order related to is subject toorquaran�ne
quarantine self-isolateordue
isola�on
to period related
entity due totohealth
COVID-19 as
concerns
definedCOVID-19.
by an order or guidelines of the California
COVID-19 Department
related concerns. of Public Health, the federal
related Centers for
to the potential
Disease Control and Preven�on, or a local health officer with jurisdic�on over the workplace, has been
transmission of COVID-19.
advised by a healthcare provider to quaran�ne, or is experiencing COVID-19 symptoms and seeking a
Foodmedical
Sector diagnosis.
Workers Are Covered if They Meet the Following Criteria:
x Caring
○ foran
Work for a Family
employerMember:
with 500Theorcovered employeenationwide,
more employees is caring for AND
a family member who is subject to a
COVID-19 quaran�ne or isola�on period or has
x Qualify as a “food sector worker,” which means that they:been advised by a healthcare provided to quaran�ne due
to
o COVID-19, or is caring
Perform work for a child
in a certain whose school
food-related or place
industry or in of
thecare is closed
retail or unavailable
food supply due to pick-up,
chain, including
COVID-19 on the premises.
delivery, warehousing, packaging, retail, or preparation; AND
○ Vaccine-Related:
o Leave home toThe covered
perform employee is a�ending a vaccine appointment or cannot work or telework
work
x due to vaccine-related
Workers do not have tosymptoms.
be classified by the hiring entity as an employee to be covered.
x Examples of covered workers: farm workers, grocery store workers, food pick-up and food delivery
Paidworkers
Leave for Covered Employees
○ 80 hours for those considered full-�me employees. Full-�me firefighters may be en�tled to more than
Paid80 hours,
Leave caps below apply.
Entitlement
x •AmountFor part-�me
of Hoursemployees
of COVID-19with a regular weekly
Supplemental schedule,
Paid Sick Leavethe
for number of hours
Food Sector the employee is
Workers:
o normally
80 hoursscheduled to work over
for those considered two weeks.
full-time workers, in addition to any other accrued paid sick leave.
•o ForForpart-�me
part-timeemployees withavariable
workers with normal schedules, 14 �mesthe
weekly schedule, thenumber
averageofnumber of hours
hours the worked
worker per
is normally
day over thetopast
scheduled work6 months.
over two weeks.
o For
○ Rate part-time
of Pay workersSupplemental
for COVID-19 with variablePaid
schedules, 14 times
Sick Leave: the average
Non-exempt numbermust
employees of hours worked
be paid per day
the highest
of theover the pastfor6 each
following months.
hour of leave:
x •Rate of Payrate
Regular for COVID-19
of pay for Supplemental
the workweek Paid Sick Leave:
in which leave is taken
o Highest of (1)
• State minimum wage regular rate of pay for last pay period, (2) State minimum wage, or (3) local minimum
wage,
• Local minimum wage
o Not to exceed $511 per day and $5,110 in total
• Average hourly pay for preceding 90 days (not including over�me pay)
Exempt employees must be paid the same rate of pay as wages calculated for other paid leave �me.
Enforcement:
Not
x Any to exceed $511 per
food sector day denied
worker and $5,110 in total
COVID-19 for 2021 COVID-19
supplemental Supplemental
paid sick leave can filePaid Sickwith
a claim leave.
the Labor
Commissioner’s Office or a Report of Labor Law Violations. Forms can be found at the Labor
Retalia�on or discrimina�on
Commissioner’s againstwww.dir.ca.gov/dlse/.
Office website, a covered employee reques�ng or using COVID-19
COVID-19 supplemental supplemental
paid sick paid
leave for food
sicksector
leave is strictly prohibited. A covered employee who experiences such retalia�on or discrimina�on
workers must be made available for use immediately upon oral or written requests of the worker. can
file a claim with the Labor Commissioner’s Office. Locate the office by looking at the list of offices on our
x Retaliation or discrimination against a food sector worker requesting or using COVID-19 supplemental
website h�p://www.dir.ca.gov/dlse/DistrictOffices.htm using the alphabe�cal lis�ng of ci�es, loca�ons, and
paid sick leave is strictly prohibited. A worker who experiences such retaliation or discrimination can
communi�es or by calling 1-833-536-4636.
file a claim with the Labor Commissioner’s Office.
This poster must be displayed where employees can easily read it. If employees do not frequent a physical
This poster must be displayed where food sector workers can easily read it. If workers do not frequent a physical
workplace, it may be disseminated to employees electronically.
workplace, it may be disseminated to workers electronically.
For additional information you may contact your employer or the local office of the Labor Commissioner. Locate the office by looking
Copyright © 2021 State of California, Department of Industrial Rela�ons. Permission granted to display, perform,
at the list of offices on our website http://www.dir.ca.gov/dlse/DistrictOffices.htm using the alphabetical listing of cities, locations,
reproduce and distribute exclusively for nonprofit and educa�onal purposes, and may not be used for any
and communities or by calling ;ϮϭϯͿϲϮϬͲϲϯϯϬ.
commercial purpose. All other rights reserved.