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REFERENCE TITLE: health care workers; employment rights |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2842 |
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Introduced by Representatives Hernandez M: Andrade, Bolding, Butler, Cano, Espinoza, Fernandez, Friese, Longdon, Pawlik, Rodriguez, Salman, Schwiebert, Sierra, Stahl Hamilton, Terán, Senators Gonzales, Mendez, Navarrete
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AN ACT
amending Title 23, chapter 2, Arizona Revised Statutes, by adding article 4; relating to employment practices.
(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 4, to read:
ARTICLE 4. ESSENTIAL HEALTH CARE WORKERS
23-251. Definitions
In this article, unless the context otherwise requires:
1. "COVID-19 essential function" has the same meaning prescribed in executive order 2020-12 issued on March 23, 2020.
2. "Employ" has the same meaning prescribed in section 23-362.
3. "Employee" has the same meaning prescribed in section 23-362.
4. "Employer" has the same meaning prescribed in section 23-362.
5. "Family member" has the same meaning prescribed in section 23-371.
6. "Health care employer":
(a) Means a health care institution within this state that employs more than six individuals, including the proprietor.
(b) Does not include any institution operated by this state, any political subdivision of this state or any other public entity.
7. "Health care institution" has the same meaning prescribed in section 36-401.
8. "Health care worker" means any employee of a health care employer who provides direct patient care and services supporting patient care, including any of the following:
(a) A physician.
(b) A physician assistant.
(c) A pharmacist.
(d) A clinician.
(e) A nurse.
(f) An aide.
(g) A technician.
(h) A janitorial or housekeeping staff member.
(i) A food services worker.
(j) A nonmanagerial administrative staff member.
9. "Personal protective equipment":
(a) Means protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices and protective shields and barriers.
(b) Includes all of the following:
(i) N95 and other filtering facepiece respirators.
(ii) Elastomeric air-purifying respirators with appropriate particulate filters or cartridges.
(iii) Powered air purifying respirators.
(iv) Disinfecting and sterilizing devices and supplies.
(v) Medical gowns and apparel.
(vi) Face masks.
(vii) Surgical masks.
(viii) Face shields.
(ix) Gloves.
(x) Shoe coverings.
(xi) Any equipment identified by or otherwise necessary to comply with all laws, standards and rules relating to health and safety.
10. "Retaliatory action" means discharging, suspending, demoting, penalizing or discriminating against an employee or taking other adverse employment action against an employee in the terms and conditions of employment.
23-252. Hazard pay
A. A health care employer shall pay hazard pay as prescribed in this section to each health care worker for each hour of work performed outside the health care worker's home to serve a COVID-19 essential function.
B. Hazard pay shall be calculated as a premium of five percent above a health care worker's base pay, which is the highest regular hourly rate that the employer paid to the health care worker in the year before the effective date of this section, whether based on wages or salary. Hazard pay shall be increased each January 1 for the three years following the effective date of this section, by increasing the base pay used in the calculation by five percent each year.
C. A health care employer is not required to pay hazard pay to a health care worker who earns regular pay of $125,000 a year or more.
23-253. Personal protective equipment
Consistent with existing law, a health care employer shall supply appropriate personal protective equipment to each health care worker the health care employer employs at no cost to the health care worker. All personal protective equipment shall be new and unexpired.
23-254. Exposure notifications
When any person on the site of a health care employer contracts COVID-19, the employer is required to inform all employees or any other person on site of any potential exposure.
23-255. COVID-19-related sick leave
A health care employer is required to provide a health care worker with at least three weeks of paid sick leave at the health care worker's regular rate of pay if the health care worker is unable to work because the health care worker is any of the following:
1. Seeking a medical diagnosis of COVID-19.
2. Ill with or recovering from COVID-19.
3. In quarantine or caring for a family member who is seeking a medical diagnosis of COVID-19, ill with or recovering from COVID-19 or in quarantine.
23-256. Accommodations for quarantine
This state shall arrange to provide access to no-cost or low-cost hotel rooms in close proximity to medical facilities for health care workers who come in direct contact with or are suspected of having direct contact with COVID-19 patients, or who test positive for COVID-19 but do not require hospitalization.
23-257. Whistleblower protections
A health care employer may not take any retaliatory action against any health care worker because the health care worker does any of the following:
1. Refuses to perform work when the health care worker, in good faith, reasonably believes a violation of a health and safety law, standard or rule would create a hazard to the health care worker, any fellow employee, a patient or the public.
2. Reports to a supervisor, public body, news media outlet or social media forum any activity, policy or practice of an employer that the employee, in good faith, reasonably believes would risk the health, safety or welfare of a patient or employee in violation of any law, rule or standard of practice.
23-258. Other laws
All pay and protections provided for in this article are in addition to all other pay and protections required by law.
Sec. 2. Essential workers childcare relief scholarship program
So long as federal funding is provided and the governor's declaration of emergency related to COVID-19 dated March 11, 2020 continues, the essential workers childcare relief scholarship program administered by the department of economic security shall also be continued.