Paid Sick Leave for Food Sector Workers Gets Expanded

On April 16, 2020, Governor Newsom signed to expand Paid Sick Leave to food sector company employees impacted by the COVID-19 pandemic who were left out of the Families First Coronavirus Response Act (FFCRA) back in March.

The FFCRA only applies to employers with fewer than 500 employees while the executive order applies to food sector workers, including grocery, fast food, delivery, and farm workers of companies with more than 500 employees.

Under this new order of Supplemental Paid Sick Leave, full-time employees may receive 80 hours which must be paid at their regular rate of pay for the last pay period. The cap for this leave is $511 per day and $5,110 for the 80 hour period.

To qualify for SPSL the employee must:

  1. Must be an essential worker that is exempt from the stay-at-home order
  2. Perform work for the company outside of their home
  3. Satisfy one of the following:
    • Work in one of the industries or occupations defined in Industrial Welfare Commission (“IWC”) Wage Order 3-2001 § 2(B) (the canning, freezing, and preserving industry); IWC Wage Order 8-2001 § 2(H) (industries processing agricultural products after harvest); IWC Wage Order 13-2001 § 2(H) (facilities on a farm that prepare products for market); or IWC Wage Order 14-2001 § 2(D) (general agricultural occupations);
    • Work for a business that runs a food facility, which includes grocery stores, fast food restaurants, and distribution centers; or
    • Deliver food from a food facility for or through a hiring entity.

 

The Order requires an employer to provide paid sick leave if the food sector worker is unable to work due to any one of the following reasons:

  1. The worker is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. Health care provider to self-quarantine or self-isolate due to concerns relThe worker is advised by a hated to COVID-19; or
  3. The worker is prohibited from working by the company due to health concerns related to the potential transmission of COVID-19.

 

Please contact Bizhaven with any questions regarding the new Supplemental Paid Sick Leave!