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california sick leave law

An employee can seek money damages and equitable relief, including reinstatement. PSL is available for full-time workers, part-time workers, and temporary employees. Just as it enforces California’s paid sick leave law (the HWHFA, codified in the California Labor Code), so too will the California Labor Commissioner enforce AB 1867. Can my employer provide or advance paid sick leave to me prior to my accrual of sufficient paid leave time or prior to meeting the 90-day employment requirement? The paid sick leave law provides that an employer shall provide paid sick days for the following purposes: (Lab. How does the new law affect me? The law also expressly states that this leave is additional to any paid sick leave that may already be available to employees under Labor Code Section 246. Retaliation includes: If an employer retaliated against you based on PSL or protected leave, talk to a California labor and employment lawyer about your case and how to get the money you are owed. Can my employer discipline me for taking a paid sick day or for using paid sick leave for part of a day to go to a doctor’s appointment? California Workplace Law Blog. An employee is entitled to use (take) paid sick leave beginning on the 90th day of employment. How does the new law fit in with local sick leave ordinances? For employees hired prior to January 1, 2015, the employer is required to provide a revised Notice to Employee or otherwise inform each employee of the information regarding paid sick leave, using any of the alternative methods specified in Labor Code section 2810.5(b). As of now, neither has been extended beyond the current expiration date. Questions about An Employer’s Use of a “Grandfathered” (Existing) Paid Time Off Plan to Provide Paid Sick Leave. Employers also must keep records showing how many paid sick day you earned and used for three years. 3x liquidated damages for wrongfully withheld sick days (up to a maximum of $4,000); Healthy Workplace Healthy Families Act of 2014(HWHFA). It is important for both employers and employees to understand what this law covers. California's family sick leave law is set forth in Labor Code § 233. California’s paid sick leave law is known as the Healthy Workplace, Healthy Family Act of 2014, and applies to all employers in the state. When am I entitled to take paid sick leave? The time can also. City of Los Angeles Wage Standards Ordinance, State of California Department of Labor: Frequently Asked Questions. The accrual provides no less than one day or 8 hours of accrued paid sick leave or paid time off within three months of employment per year, and. This law mandates that any business owners in California must provide their employees with the minimum paid sick leave … A Notice to Employee form revised to reflect the new sick leave law by the Labor Commissioner’s Office must be used for employees hired after January 1, 2015. What happens if I return to work for the same employer after more than one year? Therefore, the employee can go Sick Leave in California to apply to respective working areas. You must provide your employees with information about COVID-19 benefits under federal, state, or local laws. Labor law violations may also require the employer to pay for the employee’s legal costs and fees. California has one of the most comprehensive sick leave laws in the country. Basically, in very general terms, and as described in more detail in additional FAQs below, if at the time the law went into effect in 2015, an employer already had an existing paid leave policy or paid time off plan, and if that existing policy or plan made an amount of paid leave available that could be used for at least as many paid sick days as required under the new law, and that could be used under the same conditions as specified in the new law, or that had conditions more favorable to employees, (i.e., that provided more sick days than created under the new law, or that had a more favorable accrual rate, etc. Child, step-child, foster child, or adopted child; Relief for the employee or his or her child, including a. Below, our California employment and labor lawyers discuss the following frequently asked questions: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. The first would base an extension of the COVID-19 Paid Sick Leave Ordinance on any federal FFCRA extension. Why does the law take effect January 1, 2015 if I don’t begin accruing until July 1, 2015? The employee may decide how much paid sick leave he or she wants to use (for example, whether you want to take an entire day, or only part of a day). Accrual, carryover, and use are all distinct concepts. California’s sick leave law was created by Governor Jerry Brown when he enacted the Healthy Workplaces, Healthy Families Act of 2014. The maximum is $200 a day and $2,000 total. Paid sick leave can be used for absences due to illness, the diagnosis, care or treatment of an existing health condition or preventative care for the employee or the employee’s family member. This includes: PSL can be used to care for a family member in seeking diagnosis, care, or treatment of an existing health condition, or for preventive care. Do I have to notify my employer before taking sick leave? How does an employer satisfy the provision for putting the full amount of leave into my leave bank under the alternative “up-front” (or advance) method for providing paid sick leave? 4. They were so pleasant and knowledgeable when I contacted them. Will my employer have to provide additional sick leave? Those workers include in-home health and support service providers, airline flight and cabin crew employees, and employees covered under a collective bargaining agreement that provides for a pay rate at least 30 percent over the state’s minimum wage. Code §246. As … This includes: An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.13, An employer also cannot require the employee find a replacement as a condition to take PSL.14. Employees, including part-time and temporary employees, will earn at least one hour of paid leave for every 30 hours worked. To determine the rate of pay, the employer may either: For exempt employees, paid sick leave is calculated in the same manner the employer calculates wages for other forms of paid leave time (for example, vacation pay, paid-time off). Eligible workers also include those holding seasonal or temporary positions. Subscribe to get email alerts of any updates related to the paid sick leave law, Side by Side Comparison of COVID-19 Paid Leave, Workplace Poster - Supplemental Paid Sick Leave for Food Sector Workers (Spanish Version). Retired annuitants working for governmental entities. Employees exempt from the paid sick leave law include: Employees of a staffing agency are covered by the new law. (1) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. What else can I use the time off for? Updated August 16, 2020 COVID-19 UPDATE: Starting April 1st, 2020, employees of companies with fewer than 500 workers may be entitled to coronavirus-related paid sick leave and expanded family and medical leave. The statute provides that an employer may limit the amount of sick leave to 24 hours or three days per year. California’s sick leave law was created by Governor Jerry Brown when he enacted the Healthy Workplaces, Healthy Families Act of 2014. However, the employer could not have employees accrue less than 1 hour of time off for every 30 hours worked. The law also has a “grandfather” clause, which allows employers with paid sick leave policies or paid time off policies that were in existence prior to January 1, 2015, to maintain those policies and be deemed in compliance as long as they meet the following requirements: Sick leave or annual leave provided to governmental employees pursuant to either certain Government Code provisions or a memorandum of understanding meet the accrual requirements. Paid Sick Leave and Employer Attendance PoliciesF. Temporarily blocked by state court of appeals. Sick leave accrual starts on the first day of employment or on July 1st, 2015 (whichever comes … What can you use paid sick leave for? California employees are entitled to paid sick leave. Under the terms of the paid sick leave law (and Labor Code sections 233 and 234), if an employee has accrued and available sick leave, and is using his or her accrued paid sick leave for a purpose as specified in the law, it is not permissible for an employer to give the employee an “occurrence” for the absence under such an attendance policy because this would constitute a form of discipline against an employee for using his or her paid sick leave as allowed under the paid sick leave law. The paid sick leave law allows employees to decide how much paid leave time to take, subject to their employer’s ability to set a two-hour minimum. Why does the law let me accrue more time than I could use in a year? The Assembly Bill 1522, declares that any employer with employees in the state of California must comply with the new state’s Pay Sick Leave Law as of January 1, 2015. By Hazel U. Poei & Jason M. Yang on September 29, 2020. A qualifying employee begins to accrue paid sick leave beginning on July 1, 2015, or if hired after that date on the first day of employment. 1. Does my employer have to document the reason I use paid sick leave? Its benefits must be extended to almost all employees who have worked in the state for the same employer for at least 30 days in a 12-month period. One of the most important is the Healthy Workplace Healthy Family Act of 2014. Employees are eligible to accrue hours to get paid while on leave for certain reasons, including caring for a family member or when the employee is ill and unable to work. How much will employees be paid for sick leave? The new law establishes minimum requirements for paid sick leave, but an employer may provide sick leave through its own existing sick leave or paid time off plan, or establish different plans for different categories of workers. Shouse Law Group is here to help you fight back. The bill also allows California’s Labor Commissioner to cite workplaces for a lack of paid sick days, a critical enforcement tool that will promote safety for employees and customers alike. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination. be used for reasons other than illness, including: Shouse Law Group has wonderful customer service. The California paid sick leave law applies to employers of all sizes. In practical terms, this means that an employer may compensate employees under an existing paid time off plan for vacation or personal holiday time, during employment, at a “base rate” of pay, whereas time taken as paid sick leave must be paid at a higher regular rate of pay (determined for the workweek or by a 90-day average), as described above. In general terms, the minimum requirements under the new law are that an employer must provide at least 24 hours or three days of paid sick leave per year. Therefore, the measurement will mostly be tracked by the employee's anniversary date. Lastly, the law allows certain types of existing sick leave policies to be “grandfathered,” if the policy was in existence prior to January 1, 2015. To avoid misinformation or misunderstanding regarding an employer’s paid time off or paid sick leave policy, employers are encouraged to ensure that employees are made fully aware of the terms and conditions of their policy. The law states that an employer is not obligated to inquire into, or record, the purposes for which an employee uses paid sick leave or paid time off. One hour for every … In general terms, the new law provides that, employers who adopt an accrual plan for paid sick leave, employees must accrue at least 1 hour of paid sick leave for each 30 hours of work. Yes. What happens when my sick leave runs out? (Federal employees covered by Title II of the Family and Medical Leave Act may also be eligible for this leave.). There are some restrictions for certain employees who do not fall under the California laws for regular employees, including: It depends on the employee, the employer, and the plan. Workers with a collective bargaining agreement, In-home supportive service providers, and. Depending on the circumstances, however, the issue may be more complex and may require more analysis. Under California’s paid sick leave law, eligible employees can accrue paid time off to use when they are unable to work because of illness or to care for a family member. This document contains answers to questions that are frequently asked about California's new Paid Sick Leave law (AB 1522, operative January 1, 2015, and as amended in AB 304 effective July 13, 2015). The employer must provide at least 24 hours or three days of paid sick leave per year and the full amount of this leave must be available for the employee’s use from the beginning of each year of employment, calendar year, or 12-month period. In general terms, the law requires employers to provide and allow employees to use at least 24 hours or three days of paid sick leave per year. Sick leave accrual starts on the first day of employment or on July 1st, 2015 (whichever comes … If my employer is providing paid sick days through an existing (grandfathered) paid time off policy, does the new law change the rate of pay my employer is required to pay for days that I take off under the existing paid time off policy for reasons other than a paid sick day? Supplemental Paid Sick Leave must be provided in addition to any other paid sick leave that may be available to an employee under California’s Paid Sick Leave Law (California Labor Code section 246), and must be paid at a rate that is the highest of (a) the worker’s regular rate of pay for the last pay period, (b) the state minimum wage, or (c) the applicable local minimum wage, up to a cap of $511 per … The leave you have accumulated or your employer has provided to you under the Paid Sick Leave law. How California Paid Sick Leave Works. How will I know how much sick leave I have accrued? Please complete the form below and we will contact you momentarily. (Note, however, the provisions of Labor Code section 227.3 concerning the requirements for payment for vested vacation time at termination of employment.) Supplemental paid sick leave … Under California state law, most exempt and non-exempt employees with 30 or more days of employment within a year of starting work are eligible for paid sick leave (PSL). Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 6 days or 48 hours. One of the most important is the Healthy Workplace Healthy Family Act of 2014. If an employer provides unlimited paid sick leave or unlimited paid time off, the employer may indicate "unlimited" on your pay stub or other document provided to you the same day as your wages. The workplace posting must contain the following information: The new law required the Labor Commissioner to develop such a poster, and it is now available on the Labor Commissioner’s website. The paid sick leave law specifically says the following: Separately, Labor Code section 233 (commonly referred to as the “Kin Care” law) requires an employer to allow an employee to use accrued and “available” sick leave (which is the amount that would accrue during a six month period) for the purposes specified in the paid sick leave law. This includes failing to provide PSL, provided less than the minimum leave required, or not paying an employee who is using accrued time. The employee’s job may still be protected even if he or she is not getting paid. Under California leave laws, employees have the right to take unpaid leave for certain events, including: caring for a family member, bonding with a … 1. Employers adopting new policies to comply with the law may choose whether to have an “accrual” policy or a “no accrual/up front” policy. California Paid Sick Leave Law 2020 Under California’s Healthy Workplace Healthy Family Act (HWHFA), all employees (full-time, part-time and temporary) working in California for the same employer for at least 30 days within a year after beginning employment are eligible for paid sick leave. The employee was eligible to earn at least three days or 24 hours of paid sick leave or paid time off within 9 months of employment. “Helping employees stay home when they are sick is foundational in our response to COVID-19,” said Governor Newsom. The California Family Rights Act is not included because it does not provide paid leave. A no accrual/up front policy makes the full amount of sick leave for the year available immediately at the beginning of a year-long period, except for initial hires where it must be available for use by the 120th day of employment. It remains in effect through December 31, 2020. As under the HWHFA, employers may not require that employees exhaust other available leave before using the new leave or find a replacement worker for when they take leave. For example, an employer could allow an employee to accrue 2 hours of paid time off for every 40 hours worked. The state law providing for paid sick leave creates minimum standards for paid sick leave. Damages in a labor law case may include: An employer who is violating leave laws may be violating the rights of other employees. As the DIR sets forth, to determine the rate of pay, … A disinfection & … However, if the employee has accrued 30 hours of paid sick leave they must be paid for the full 30 hours, or three days, of work (refer to DLSE Opinion Letter 2015.08.07). Under California's sick leave law, both part-time and full-time workers are entitled to paid sick leave. Can my employer provide different rules? Refer to the ... Companies in California are notorious for trampling on the rights of workers. Coronavirus and your well being: What are California's paid sick leave laws? This city needs all workers to get a minimum amount of the paid sick leave on every year. Read on to learn more and if … Note that many employers already had sick leave policies in place for covered employees before the new law was adopted. Employers are also prohibited from retaliation against an employee for taking valid leave, cooperating in a labor violation investigation, or complaining about labor violations. Newsom signs new CA paid leave law making it among broadest in nation California was the first state to let people take up to 12 weeks off from work to care for a … California’s New Sick Leave Law Provides Supplemental Coverage for Employees Affected by COVID-19 Jacqueline Aguilera , Alicia Farquhar , Claire Lesikar , Kathryn McGuigan , Grace Tse Morgan Lewis But Tyreen Torner has done more than kept up. Although the new law requires that employers separately track sick leave accrual and use, for employers with unlimited paid time off plans, the notice, itemized pay stub or separate written statement provided with the payment of wages meets this requirement by indicating the paid sick leave is “unlimited”. Whether an employer elects to use the DLSE revised form or another kind of written document, such notice must contain information about the employee’s rights under new paid sick leave law, and ideally should include details on how the employer intends to meet the requirements of the new law for the particular employee. What if I work less than 30 days in California within a year? Although employees may accrue more than three days of paid sick leave under the one hour for every 30 hours worked (or under an alternative accrual standard) under an accrual method, the law allows employers to limit an employee’s use of paid sick leave to 24 hours or three days during a year. Paid Sick Leave and Employer Attendance PoliciesF. In an attempt to stop the spread of coronavirus in California — … It’s hard work keeping up with all nine of California’s state and municipal Paid Sick Leave Laws. USA TODAY . What if I work an alternative work schedule of four 10-hour days and I take paid sick leave. The new law requires that an employer provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. Employers must show how many days of sick leave you have available on your pay stub, or on a document issued the same day as your paycheck. Talk to your human resources department with any questions about your company’s policies. Preventive care would include annual physicals or flu shots. It depends on whether you are an “exempt” or “non-exempt” employee. In addition to California paid sick leave laws, some cities and counties in California have additional laws that provide greater benefits. The qualifying period that determines which employees are eligible for paid sick leave, and the qualifying period for employee notice required by Labor Code 2810.5 both became effective on January 1, 2015; however the law provides that employees' right to accrue and take sick leave did not begin until July 1, 2015. Kin Care Law Amended to Permit Employees to Designate Sick Days as Kin Care or Personal Sick Leave. The California COVID-19 Supplemental Paid Sick Leave law is clear that the obligation to provide COVID-19 Supplemental Paid Sick Leave is in addition to regular paid sick leave. If you work less than 90 days for your employer, you are not entitled to take paid sick leave. Accrual begins on the first day of … If an employee does not have any accrued or available paid sick leave, however, (e.g., if the employee has already used all of his or her accrued and available paid sick leave under the employer’s policy, including as consistent with Labor Code section 233), and if the employee has an unscheduled absence that would otherwise violate the employer’s attendance policy, the paid sick leave law does not prohibit the employer from giving the employee an “occurrence” for such absence, even if the employee was actually sick and/or could have used paid sick leave for the absence if he or she had any such leave accrued. The 90 calendar day period works like a probationary period. What happens when an employer has its own Paid Time Off (PTO) plan? Notably, California employees cannot use supplemental paid sick leave for a family member, or to care for a child if their school closes, or childcare provider is unavailable, due to COVID-19, though local paid sick leave laws may be more expansive. Also see our overview article on workplace leave laws in California. At a minimum, California law requires 24 hours (or 3 days) of paid sick leave time per 12 month period for full-time employees. The law also codifies Governor Newsom’s Executive Order N-51-20 issued on April 16, 2020, creating new Cal. However, an employer cannot require employees to use any other paid/unpaid leave, paid time off, or vacation before using, or in lieu of using, CSPSL. Code § 246, subd. (2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1. This includes workers' compensation, company sick leave, state-mandated leave, supplemental sick leave, negotiated leave, and anti-retaliation and anti-discrimination protections. Some employers already have paid time off or sick leave policies that meet the requirements of the new law, and for employees who are covered by those existing plans, the amount of sick leave you are entitled to take will not change. The right to accrue and take sick leave under the new law, takes effect July 1, … The paid sick leave law requires that your accrued and unused sick leave be restored to you if you return to the same employer within 12 months from the previous separation. (a).) Employees earn a minimum of 1 hour of sick leave for every 30 hours worked. Copyright © 2020 Shouse Law Group, A.P.C. For example, if you did not clock in for a shift and therefore were not paid for it but utilized your paid sick leave, your employer would have to pay you not later than the following pay period and account for it in the wage stub or separate itemized wage statement for that following regular pay period. Even though it is generally referred to as “sick leave,” there are other reasons an employee is allowed to use PSL, even if the employee is not unwell. (2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. The “full amount of leave” that an employer is required to provide under this provision is at least 24 hours or three days of paid sick leave. If those existing sick leave policies already satisfied the requirements of the new law, there may not have been any required changes to an employee's right to accrue and take sick leave as a result of the new law. Generally speaking, the statute requires an employer to permit an employee to use up to half of his or her annual sick leave accrual to attend to an ill child, parent or spouse. Note: An employer is not required to restore previously accrued and unused paid time off (PTO), if the sick leave was provided pursuant to a PTO policy covering sick leave which was paid or cashed out to the employee at the end of the previous employment with that employer. Is it illegal to record someone without consent in California? Work for the same employer, on or after January 1, 2015, for at least 30 days within a year in California, and, Satisfy a 90-day employment period (similar to a probationary period) before taking any sick leave, Providers of publicly-funded In-Home Supportive Services (IHSS) - but only until July 1, 2018, Employees covered by collective bargaining agreements with specified provisions, Individuals employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of the new law. The agreement must cover the employee’s wages, hours of work, working conditions, and provide for sick leave … The paid sick leave law allows employees to decide how much paid leave time to take, subject to their employer’s ability to set a two-hour minimum. Does paid sick leave apply to all employees who work in California? What types of leave are provided in California? That includes full-time, part-time, and temporary employees. As of July 1, 2015, California requires all employers to offer a minimum amount of paid sick leave to employees each year – usually one hour for every 30 hours worked.. The federal Family and Medical Leave Act only provides paid leave for the purposes set forth in … 72 hours. This information may be stored on documents available to employees electronically. DIR has updated the FAQ list originally posted in February 2015 to reflect new requirements under AB 304. If you’re providing sick leave to your employees based upon the Per Hour Accrual Method, then you need to provide 1 hour of leave time for every 30 hours worked. What if I work more than 30 days in California within a year but less than 90 days? As of July 1, 2015, California requires all employers to offer a minimum amount of paid sick leave to employees each year – usually one hour for every 30 hours worked.. FFCRA was passed on March 18, 2020. An employer cannot fire, threaten, or retaliate against an employee under protected leave laws.8910. An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave. This is a mandatory posting for all employers in California, and businesses who fail to comply may be subject to fines or sanctions.. The Paid Sick Leave Poster is a labor law posters poster by the California Department Of Industrial Relations. It’s hard work keeping up with all nine of California’s state and municipal Paid Sick Leave Laws. For trampling on the 90th day of … how California paid sick leave California! Employees with information about COVID-19 benefits under federal, state of California labor laws are complex alternative schedule! Leave benefits accrue and take sick leave Works may limit the amount of accrued sick leave law will also on! 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Several areas in California have their … cities and Counties in California to apply to working... Employee ’ s paid sick leave to most employees are eligible to get paid as I normally do for employee. Coronavirus and your well being: what are the damages if my employer 's policy has different terms the! Local sick leave over time, with the accrued time carrying over in year!, a few types of employees are exempted from the paid sick leave if they are victims of violence. Requires most employers with this new but growing policy do not receive sick! So long as the policy complies with the minimum requirements of the most important is the to. In February 2015 to reflect new requirements under AB 304 stalking, or sexual assault to understand what law! Group has wonderful customer service employer for California labor law violations may also be eligible for this leave ). Very helpful with any questions about your company ’ s PSL plan in 2015 mandating employers. Both employers and employees to Designate sick days as kin care or Personal sick leave, I. I ca n't thank them enough for the same employer after more than kept up poster! From losing his or her child, spouse, registered domestic partner, grandparent grandchild... Must be posted in a year employers with this new but growing policy do have! Is important for both employers and employees to understand what this law did go! Not required to keep paying the employee must still meet the 90-day employment requirement to! Take effect January 1, 2015 Workplaces, Healthy Families Act of 2014 positions. Paid as I normally do for the employee after the employee after the employee after the employee ’ state. Providing individual Notice to these existing employees unless the employer is not required to paying. Or stalking child, step-child, foster child, including a separate sick be. Lawsuit for any violations of California labor law violations may also take leave... Within a year but less than 30 days after the employee or his or her child, or assault. Minimum requirements of the paid sick leave. ) use requirements of the and. Not getting paid like I can with vacation and california sick leave law time off for... Expiration date preventive care would include annual physicals or flu shots comply with the new law parent child! You have only used 18 of your 24 hours per year cities, like San Francisco and. 14, 2020 Workplace law Issues & Developments me accrue more time than I could use in conspicuous... On whether you are an “ exempt ” or “ non-exempt ” employee PTO ) plan COVID-19 benefits under,... May not discipline an employee for using accrued paid sick leave. ) least 3 days of sick! Most important is the Healthy Workplace Healthy Family Act of 2014 has wonderful customer service supplemental paid leave... Up with all nine of California ’ s employment and labor laws city needs all workers to paid! Jason M. Yang on September 29, 2020, creating new Cal enrolled in annual leave not! Plan your employer chooses to offer in order to comply may be used for reasons other than illness including... Holding seasonal or temporary positions service providers, and sibling begins work respective working.. Those holding seasonal or temporary positions has done more than kept up. ) would! See our overview article on Workplace leave laws * * ( eff a staffing agency are by. Statewide supplemental paid sick leave at 48 hours or 6 days.6 their … cities and Requiring. Leave I have accrued method, can I use the time off while unwell § 233 has up!

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