Arizona HB 2788: paid sick leave; COVID-19

Bill Text

HB2788 - 551R - I Ver 

 REFERENCE TITLE: paid sick leave; 
 COVID-19

 State of 
 Arizona

 House of 
 Representatives

 Fifty-fifth 
 Legislature

 First Regular 
 Session

 2021

 HB 2788

 Introduced by 

 Representatives Butler: Andrade, Bolding, Cano, Ch�vez, Epstein, 
 Espinoza, Friese, Hernandez D, Hernandez M, Lieberman, Longdon, Pawlik, 
 Powers Hannley, Rodriguez, Salman, Schwiebert, Shah, Stahl Hamilton, Ter�n, 
 Tsosie

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

START_STATUTE23-384. 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