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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, Trade Secrets Litigation, and Business Litigation in Orange County, CA area.

Part-Time California Workers With Variable Work Schedules Can Qualify for COVID-19 Supplemental Paid Sick Leave

On April 16, 2020, California Governor Gavin Newsom enacted Executive Order N-51-20, which provides supplemental paid sick leave to food sector workers who work for a hiring entity that has 500 or more employees nationwide under certain circumstances related to the COVID-19 pandemic. This was later extended to non-food sector workers and was codified into California law under Labor Code § 248.  

In order to qualify for COVID-19 Supplemental Paid Sick Leave, a worker must show that there is a (1) quarantine order; (2) isolation order; (3) medical professional who recommends that the worker stay home; or (4) the hiring entity requires the worker to stay home.  

How Can a Part-Time Worker with A Variable Schedule Qualify for COVID-19 Supplemental Paid Sick Leave? 

The Order provides COVID-19 Supplemental Paid Sick Leave to all workers as the average amount of time worked in a 14-day period. Similarly, the Order allows part-time workers with variable schedules to receive COVID-19 Supplemental Paid Sick Leave based on how many hours worked in the last 14 days. The amount of COVID-19 Supplemental Paid Sick Leave can be calculated in one of two ways: (1) part-time workers who have worked for the hiring entity for over 14 days; (2) part-time workers who have worked for the hiring entity for 14 days or fewer.  

Calculating COVID-19 Supplemental Paid Sick Leave for Part-Time Workers Who Worked for More Than 14 Days 

For part-time workers who have worked their hiring entity for over 14 days, each worker may take fourteen times the average number of hours the worker worked each day for or through the hiring entity in the six months preceding the date that the worker took the COVID-19 Supplemental Paid Sick Leave. If the worker has worked over 14 days but under six months’ time, the worker’s benefit rate will be the average rate of pay during the worker’s entire time with the hiring entity.   

In calculating the average number of hours worked by a part-time worker with a variable schedule over the past six months, the figure is determined based on the total number of days in the six-month period, not just the number of days worked. Below is an example using a six-month period that contains a total of 182 days (26 weeks) for a worker who averages 50 hours worked every 14 days.  

Total Number of Hours Worked During 6-Month Period  650 Hours 
Total Number of Days in 6-Month Period  182 Days 
Average Number of Hours Worked Each Day in 6-Month Period  650 Hours  ÷ 182 Days = 3.571 Hours 
COVID-19 Supplemental Paid Sick Leave Entitlement  3.571 x 14 = 50 Hours 

Calculating COVID-19 Supplemental Paid Sick Leave for Part-Time Workers Who Worked For 14 Days or Fewer 

For workers who are newly hired by a hiring entity (for 14 days or fewer) and work variable hours, COVID-19 Supplemental Paid Sick Leave will be provided based on the number of hours that the worker worked in the last 14 days. Below is an example of a part-time worker who worked 10 hours before needing COVID-19 Supplemental Paid Sick Leave. 

Total Number of Hours Worked During Two Week Period   10 
Total Number of Days in a Two-Week Period  14 Days 
Average Number of Hours Worked Each Day in the Two-Week Period  10 Hours  ÷ 14 Days = 0.714 Hours 
COVID-19 Supplemental Paid Sick Leave Entitlement  0.714 Hours  x 14 Days = 10 Hours 

Rate of Pay Part-Time Worker Qualifies for If Receiving COVID-19 Supplemental Paid Sick Leave 

All workers receiving COVID-19 Supplemental Paid Sick Leave benefits are entitled to the highest of the following: (1) the worker’s regular rate of pay for the last pay period; (2) the California minimum wage; (3) the local minimum wage. A hiring entity, however, is not required to pay more than $511.00 per day and $5,110.00 in the aggregate to a worker for COVID-19 Supplemental Paid Sick Leave benefits.  

Where to File A Supplemental Paid Sick Leave Claim If Part-Time Worker Was Denied Compensation by Hiring Entity 

If you are denied your COVID-19 Supplemental Paid Sick Leave claims at work, then you may file a claim or a report of a labor law violation with the Labor Commissioner’s Office, the state agency charged with enforcement. Quintilone & Associates can assist you with filing a COVID-19 Supplemental Paid Sick Leave claim. Please call us at (949) 458-9675, or email Rich Quintilone II Esq. at req@quintlaw.com or Kyle Gallego kjg@quintlaw.com if you have any questions.  

Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.