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| To enact sections 4113.81, 4113.82, 4113.83, 4113.84, | 1 |
| and 4113.85 of the Revised Code to require paid | 2 |
| leave for an employee who is quarantined or placed | 3 |
| in isolation. | 4 |
| Section 1. That sections 4113.81, 4113.82, 4113.83, 4113.84, | 5 |
| and 4113.85 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 4113.81. As used in sections 4113.81 to 4113.85 of the | 7 |
| Revised Code: | 8 |
| (A) "Employee" means an individual employed by an employer in | 9 |
| the business of the employer. | 10 |
| (B) "Employer" means an individual or entity that employs one | 11 |
| or more individuals in the state. | 12 |
| (C) "Quarantine or isolation pay" means payment of an amount | 13 |
| equal to an employee's normal rate of pay for every hour during | 14 |
| which the employee would normally be scheduled to work. | 15 |
| (D) "Paid leave" includes paid sick leave, paid vacation | 16 |
| leave, paid personal leave, other paid time off, and any | 17 |
| combination of those types of leave. | 18 |
| (E) "Quarantined or isolated employee" means an employee who | 19 |
| is unable to work because the employee has been quarantined or | 20 |
| isolated under an order or regulation made or issued by any of the | 21 |
| following: | 22 |
| (1) The board of health of a city health district pursuant to | 23 |
| section 3709.20 of the Revised Code; | 24 |
| (2) The board of health of a general health district pursuant | 25 |
| to section 3709.21 of the Revised Code; | 26 |
| (3) A health commissioner pursuant to section 3707.34 of the | 27 |
| Revised Code; | 28 |
| (4) The department of health pursuant to section 3701.13 of | 29 |
| the Revised Code; | 30 |
| (5) The director of the United States centers for disease | 31 |
| control and prevention pursuant to 42 C.F.R. part 70 or 71 or any | 32 |
| other federal agency pursuant to federal law. | 33 |
| Sec. 4113.82. (A) Within seven days after an employee | 34 |
| becomes a quarantined or isolated employee, the employee shall | 35 |
| notify the employee's employer of the employee's status. | 36 |
| (B) Every employer shall provide quarantine or isolation pay | 37 |
| to a quarantined or isolated employee for the duration of the | 38 |
| employee's status as a quarantined or isolated employee. | 39 |
| (C) No employer shall require a quarantined or isolated | 40 |
| employee to use paid leave accrued by the employee for the time | 41 |
| period the employee is a quarantined or isolated employee. | 42 |
| (D) An employee's failure to provide notice to an employer as | 43 |
| required under division (A) of this section does not affect the | 44 |
| remedies available to the employee under section 4113.84 or | 45 |
| 4113.85 of the Revised Code. | 46 |
| Sec. 4113.83. (A) No employer shall fail to comply with | 47 |
| section 4113.82 of the Revised Code. | 48 |
| (B) No employer shall terminate the employment, discipline, | 49 |
| suspend, constructively discharge, demote, unfavorably reassign, | 50 |
| refuse to promote, or take other adverse employment action against | 51 |
| an employee because the employee has done either of the following: | 52 |
| (1) Failed to report to work because the employee is a | 53 |
| quarantined or isolated employee; | 54 |
| (2) Requested to receive quarantine or isolation pay pursuant | 55 |
| to section 4113.82 of the Revised Code for a period during which | 56 |
| the employee is a quarantined or isolated employee. | 57 |
| Sec. 4113.84. (A) Any employee who believes the employee has | 58 |
| been injured by a violation of section 4113.83 of the Revised Code | 59 |
| may file a complaint with the director of job and family services | 60 |
| alleging a violation of that section. The employee shall file the | 61 |
| complaint within one year after the alleged violation occurred. | 62 |
| (B) Upon receiving a complaint filed under division (A) of | 63 |
| this section, the director may conduct an investigation to | 64 |
| determine whether it is probable that the employer has violated | 65 |
| section 4113.83 of the Revised Code. | 66 |
| (C) If, after the investigation, the director has reasonable | 67 |
| cause to believe that a violation has occurred, the director shall | 68 |
| issue notice to the employer and employee and hold a hearing | 69 |
| pursuant to section 119.09 of the Revised Code to determine | 70 |
| whether a violation has occurred. | 71 |
| (D) If, after the hearing, the director determines that the | 72 |
| employer has violated section 4113.83 of the Revised Code, the | 73 |
| director may order all appropriate relief from the employer, | 74 |
| including all of the following: | 75 |
| (1) Rehiring or reinstatement of the employee to the | 76 |
| employee's previous position; | 77 |
| (2) Payment of back wages; | 78 |
| (3) Reestablishment of employee benefits to which the | 79 |
| employee otherwise would have been entitled. | 80 |
| (E) Any party may appeal an order of the director issued | 81 |
| under division (D) of this section to the court of common pleas of | 82 |
| the county in which the violation is alleged to have occurred. | 83 |
| Sec. 4113.85. (A) Any employee who believes the employee has | 84 |
| been injured by a violation of section 4113.83 of the Revised Code | 85 |
| may file a civil action in the court of common pleas of the county | 86 |
| in which the violation allegedly occurred. The employee shall | 87 |
| bring the action within one year after the alleged violation | 88 |
| occurred. | 89 |
| (B) A court of common pleas that finds that a violation of | 90 |
| section 4113.83 of the Revised Code has occurred may order all | 91 |
| appropriate relief including damages, injunctive relief, or a | 92 |
| civil penalty in an amount fixed by the court. | 93 |
| (C) An employee who believes the employee has been injured by | 94 |
| an alleged violation of section 4113.83 of the Revised Code is not | 95 |
| required to file a complaint with the director of job and family | 96 |
| services or to otherwise exhaust the employee's remedies under | 97 |
| section 4113.84 of the Revised Code before filing a civil action | 98 |
| under this section. | 99 |