Health masks: right to wear.

The document was reformatted from a formal enrolled bill (with page numbers, clerk signatures, and governor's approval block) to a web-based bill text display from the California Legislature website, adding navigation menus, a status sidebar, and removing official signature lines.

The broad definition of 'mask' (covering cloth masks, surgical masks, N95/KN95 respirators, and other PPE) was removed. Only the narrower 'health mask' definition (medical-grade surgical or N95/KN95 respirator) remains, meaning the right to wear a mask no longer explicitly extends to cloth or non-medical masks.

The workplace exception changed from allowing mask removal based on a 'bona fide occupational qualification' (a broader standard) to requiring that removal be necessary to perform an employee's 'essential functions' as defined in Section 12926 of the Government Code. This is a narrower exception that applies whether or not the worker has a disability.

A new narrowest-construction requirement was added for workplace mask removal: employers cannot use the essential functions exception to justify prolonged mask removal if it is no longer necessary for the specific task.

California OSHA (Part 1 of Division 5 of the Labor Code) and Title 8 of the California Code of Regulations were added as exceptions, meaning workplace safety regulations can still require mask removal in certain industrial or hazardous settings.

Safety or security procedures for Department of Corrections and Rehabilitation facilities were added as a new exception, allowing DOC to require mask removal in its facilities.

Senators Becker and Rubio were added as coauthors of the bill.

The entire supplemental paid sick leave provision (Labor Code Section 248.4) was deleted. This had provided up to 80 hours of paid leave for employees unable to work due to quarantine, isolation, vaccine appointments, symptoms, caring for family members, or school closures during a health emergency. It applied to employers with more than 25 employees and required legislative appropriation.

The definition of the protected mask was narrowed from 'mask' (which included medical grade surgical masks, N95/KN95 respirators, cloth masks, and any other PPE-scope mask) to 'health mask' defined only as a medical grade surgical mask or N95/KN95 respirator. Cloth masks are no longer covered.

A new category (9) was added to the definition of 'public place': 'Any other location that is open to the general public.' This is a catch-all provision that broadens where the right to wear a health mask applies beyond the previously enumerated categories.

The identification/security exception was expanded with specific examples (airport passenger screening, driver's license photo processing, age verification at nightclubs) and a new requirement that removal be 'temporary and momentary' and limited to entry, not justifying prolonged removal within the public place.

The bona fide occupational qualification exception was narrowed by requiring the qualification be 'reasonably necessary to the normal operation of the corresponding employment setting or other workplace' and must be interpreted consistently with Government Code Section 12940. A cross-reference to Labor Code Section 6403.7 (if AB 596 is chaptered) was also added.

A new Section 28053 was added providing that the limitations in Section 28052 shall not be construed as limiting nondiscrimination protections on the basis of disability or medical condition, specifically referencing the ADA, Rehabilitation Act Section 504, the Unruh Civil Rights Act, and Government Code Section 11135.

The fiscal committee designation changed from 'yes' to 'no,' reflecting the removal of the appropriation-dependent paid sick leave provisions. The legislative counsel's digest was updated to remove all references to supplemental paid sick leave.

Adds new Chapter 26 to Division 20 of the Health and Safety Code (Sections 28050-28052) establishing an individual's right to wear a mask in public places for protection against communicable disease, air quality issues, or other health factors. Defines 'mask' to include N95/KN95 respirators, surgical masks, cloth masks, and other PPE, and 'public place' to include businesses open to the public, government buildings, streets and parks, public transportation, health care settings, educational institutions, and workplaces.

Removes the amendment to Labor Code Section 253 regarding the Labor Commissioner's authority over seasonal labor wage disputes and deductions for gambling and liquor debts. This was described as a nonsubstantive change in the prior version.

Adds Section 28052 listing exceptions to the mask-wearing right: temporary removal for facial recognition security protocols, avoiding vision obstruction while operating a vehicle, bona fide occupational qualifications, emergency health care protocols requiring access to a patient's face, and Penal Code Section 185 (concealment of identity).

Fiscal committee vote changed from 'no' to 'yes,' indicating the bill now has fiscal committee approval. The bill title was updated to reference both the Labor Code addition and the new Health and Safety Code chapter.

Added an entirely new Section 248.4 to the Labor Code creating a supplemental paid sick leave program for health emergencies, which did not exist in the original bill.

The provisions do not apply to providers of in-home supportive services under specified Welfare and Institutions Code sections or waiver personal care services, creating an exemption for certain home health care workers.

Covered employees are those unable to work or telework due to quarantine, isolation, self-quarantine advice from a health care provider, vaccine appointments, vaccine symptoms, seeking medical diagnosis, caring for a family member subject to quarantine, or caring for a child whose school is closed. Applies only to employers with more than 25 employees.

The program takes effect only upon appropriation by the Legislature. The fiscal committee designation changed from 'no' to 'yes' reflecting this new funding requirement.

Full-time employees (or those averaging at least 40 hours per week in the prior two weeks) are entitled to 80 hours of supplemental paid sick leave. Part-time and variable-hour workers receive a calculated amount based on their normal schedule or average daily hours over six months.

Each hour of supplemental paid sick leave must be compensated at the highest of: the employee's regular rate, the average rate over the prior 90 days, state minimum wage, or local minimum wage. The leave is in addition to (not in lieu of) existing paid sick leave under Section 246.

The Labor Commissioner enforces the new section as if supplemental paid sick leave constitutes 'paid sick days' under existing Sections 246, 246.5, 247, 247.5, and 248.5. Employers must provide a model notice within seven days of enactment and may use electronic notice for employees who do not frequent a workplace.

The original Section 253 amendment (changing 'such' to 'those' and 'He' to 'The') is retained but renumbered as SECTION 1, with the new supplemental paid sick leave provisions inserted before it.