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REFERENCE TITLE: paid sick leave; COVID-19 |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2788 |
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Introduced by Representatives Butler: Andrade, Bolding, Cano, Chávez, Epstein, Espinoza, Friese, Hernandez D, Hernandez M, Lieberman, Longdon, Pawlik, Powers Hannley, Rodriguez, Salman, Schwiebert, Shah, Stahl Hamilton, Terán, Tsosie
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AN ACT
amending Title 23, chapter 2, Arizona Revised Statutes, by adding article 8.2; relating to paid sick leave.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 8.2, to read:
ARTICLE 8.2. PAID SICK LEAVE FOR EMPLOYEES AFFECTED BY COVID-19
23-384. Paid sick leave for employees affected by COVID-19; duration; amount; notice; rules; definitions
A. In addition to any other leave provided by a covered employer, a covered employer shall provide all eligible employees with an additional amount of paid sick leave for a duration as prescribed in subsection B of this section and in an amount as prescribed in subsection C of this section if the eligible employee is unable to work or unable to telework due to a need for leave because of any of the following:
1. The eligible employee is subject to a federal, state or local quarantine or isolation order related to COVID-19.
2. The eligible employee has been advised by a health care provider to self-quarantine related to COVID-19.
3. The eligible employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
4. The eligible employee is caring for an individual subject to an order described in paragraph 1 of this subsection or self-quarantine as described in paragraph 2 of this subsection.
5. The eligible employee is caring for a child whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.
6. The eligible employee is experiencing any other substantially similar condition specified by the department of health services in consultation with the industrial commission of Arizona.
B. The duration of paid sick leave provided under this section shall be as follows:
1. For leave taken under subsection A, paragraph 1, 2, 3, 4 or 6 of this section or, if the eligible employee has been employed by the covered employer for less than thirty calendar days, for leave taken under subsection A, paragraph 5 of this section:
(a) A full-time eligible employee is eligible for up to eighty hours of paid sick leave.
(b) A part-time eligible employee is eligible for up to the number of hours of paid sick leave that the employee works on average over a two-week period.
2. If the eligible employee has been employed by the covered employer for at least thirty calendar days, for leave taken under subsection A, paragraph 5 of this section:
(a) A full-time eligible employee is eligible for up to twelve weeks of paid sick leave at forty hours a week.
(b) A part-time eligible employee is eligible for up to the number of hours of paid sick leave that the employee works on average over a twelve-week period.
C. Eligible employees taking paid sick leave under this section are entitled to pay at the following rates:
1. For leave taken under subsection A, paragraph 1, 2 or 3 of this section, either the eligible employee's regular rate of pay or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate over a two-week period.
2. For leave taken under subsection A, paragraph 4 or 6 of this section or, if the eligible employee has been employed by the covered employer for less than thirty calendar days, for leave taken under subsection A, paragraph 5 of this section, two-thirds of the eligible employee's regular rate of pay or two-thirds of the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate over a two-week period.
3. If the eligible employee has been employed by the covered employer for at least thirty calendar days, for leave taken under subsection A, paragraph 5 of this section, two-thirds of the eligible employee's regular rate of pay or two-thirds of the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate over a twelve-week period.
D. An eligible employee taking leave under this section may choose to substitute any accrued vacation leave, personal leave or medical or sick leave for the first two weeks of partial paid sick leave under this section.
E. Paid sick leave provided under this section does not carry over from one year to the next. Eligible employees are not entitled to reimbursement for unused paid sick leave provided under this section on termination, resignation, retirement or other separation from employment.
F. If leave is foreseeable, an eligible employee shall provide notice of the leave to the employer as is practicable. After the first workday of paid sick leave under this section, a covered employer may require eligible employees to follow reasonable notice procedures in order to continue receiving paid sick leave under this section.
G. The industrial commission of Arizona shall adopt rules to administer and enforce this section.
H. For the purposes of this section:
1. "Covered employer" means all of the following:
(a) This state.
(b) Any school district in this state.
(c) Any charter school in this state.
2. "Eligible employee" means any employee of a covered employer.