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COVID-19 Updates

California COVID-19 Addendum

Overview

Aveanna has established the COVID-19 People Services Policy (see Policy No. 05.07.2020).  This policy provides for changes to existing policies in light of the COVID-19 (“CV”) pandemic.

Below are additional changes that apply to employees that work in California.

State Resource

For state updates related to Coronavirus, visit https://covid19.ca.gov/

CA Supplemental Paid Sick Leave

Effective September 19, 2020, COVID-19 Supplemental Paid Sick Leave must be provided to all California employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide under the new law (Labor Code section 248.1). For the purposes of system tracking and this process document, CA Supplemental Paid Sick Leave and state mandated COVID leaves are referred to “Limited Use CV Leave”.

Permissible Use of Sick Leave

California employees are eligible for “Limited Use CV Leave” if they are unable to work due to one of the following reasons:

  • The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
  • An employee is eligible for COVID-19 Supplemental Paid Sick Leave if a quarantine order, isolation order, or a medical professional recommends that the employee stay home, or if the Company requires the employee to stay home.
  • The employee is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19.
  • The employee is prohibited from working by the Company due to health concerns related to the potential transmission of COVID-19.

Leave Requests

Limited Use CV Leave is available to employees immediately upon their oral or written request.

Leave Amount

Full-time employees or employees or employees who worked or were scheduled to work an average of at least 40 hours per week in the two weeks before the leave is taken are entitled to 80 hours of Limited Use CV Leave.

Below are two methods to calculate the entitlement for part-time employees.

1) Part-time employees with variable schedules who have worked for the Company over a period of more than 14 days. The employee may take fourteen times the average number of hours they worked each day in the six months preceding the date the employee took Limited Use CV Leave. If the part-time employee has worked for fewer than six months, this calculation is done over the entire period that the employee has worked for the Company.

2) Newly working part-time employees with variable schedules who have worked for the Company over a period of 14 days or fewer will be entitled to the number of Limited Use CV Leave hours that they have worked in the preceding two weeks.

Limited Use Sick Pay Rate

Employees will either be paid a their regular rate of pay for the last pay period or the blended sick pay rate based on the shift pay average over the last pay period.  The Company is not required to pay more than $511 per day and $5,110 in the aggregate to an employee for Limited Use CV Leave.

Documentation Required

Aveanna will not require a doctor’s note or other documentation for the use of Limited Use CV Leave.  An employee is entitled to take Limited Use CV Leave immediately upon the employee’s oral or written request.  The leave is not conditioned on medical certification.  Although the Company will not deny Limited Use CV Leave solely for lack of a medical certification, it may be reasonable in certain circumstances to ask for documentation before paying the sick leave when the Company has other information indicating that the worker is not requesting Limited Use CV Leave for a valid purpose.

Paid Family Leave, Paid Disability Leave, and other State or Local Leaves

Employees in California may be eligible for expanded state leave, including paid family leave, as well as other job-protected leaves during the CV pandemic.  Visit https://covid19.ca.gov/ for more information.

If an employee received CV Pay prior to September 19, 2020, the amount of Limited Use CV Pay will be offset by the amount of CV Pay previous paid to the employee.

Retaliation

Employees using or attempting to exercise their rights to COVID-19 Supplemental Paid Sick Leave, including both the right to paid leave and other rights such as timely payment and written notice of available leave, are protected from retaliation under Labor Code section 246.5(c).

Notice

The Company provides notice of Limited Use CV Leave.