151 et seq. Art. (June 25, 1938, ch. 95 Ch. (c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. (h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation. (l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: (1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. paragraph (1) of subdivision (b) of Section 1182.12 Any and all information received by the Department pursuant to this article shall be accorded the degree of confidential treatment required by section 735.5 of the Insurance Code or Chapter 2 of Part 1 of Division 3 of Title 2 of the This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017. California Code of Regulations Title 2. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. (b) Definitions - (1) Substantially similar or related property. 20712 Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(1). (Amended by Stats. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. , meet the requirements of this section. (2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. SECTION 8-17-160. 752, provided that: "This Act [enacting section 6429 of this title and section 801 of Title 42, The Public Health and Welfare, amending this section, sections 24, 55, 57, 63, 163, 168 (d) Accrued paid sick days shall carry over to the following year of employment. I - Legislative New Jersey 19858.7, inclusive of the Government Code CA Health and Safety Code section 1317.4a. SECTION 1. Alaska SB 1383 – California Family Rights Act (Effective Jan. 1, 2021) Oregon Art. The term “full amount of leave” means three days or 24 hours. (k) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. Section 220.2 Contribution and computation of supplements. Art. Powers of city managers. Division 2, Employment Regulation and Supervision; Part 2, Working Hours; Chapter 1, General; Section 515. Begin typing to search, use arrow keys to navigate, use enter to select. they will charge employees when they use sick leave, but in no case shall the time increments exceed The workgroup shall consider the potential need for a process to cover an in-home supportive services recipient's authorized hours when a provider needs to utilize his or her sick time. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee's itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of to Sections 19858.3 If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. (i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. 130, 801 P.2d 373), Labor Code section 96, subdivision (k) allows the Labor Commissioner to act on their behalf. (2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. Charitable Raffles 320.5. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. (g)(1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. Thereafter, subdivision (d) requires that the full amount ofleave be received at the beginning of each 12 2 Georgia Section 226 Section 1, Article 38.072, Code of Criminal Procedure, as amended by Chapters 284 (S.B. Copyright © 2020, Thomson Reuters. (a) Nothing in this chapter applies to any raffle conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting beneficial or charitable 2. (o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. Section 1 of Reorg. (a) and (d) (a) Notwithstanding subdivision (j) of Section 1317.1, a patient may be transferred for admission to a psychiatric unit within a general acute care hospital, as defined in (l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: (1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. and accounting for any years postponed under Section 226 ), Alabama New York to (j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section. (p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action. (f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: (1) Satisfies the accrual, carryover, and use requirements of this section. Labor Code Section 432.2 (Polygraph/Truth Tests): No employer may require an applicant or employee to submit to a polygraph or other similar test as a condition of employment. (c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. (3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. L. 108–27, 1(a), May 28, 2003, 117 Stat. IV - States' Relations Microsoft Edge. (n) An employer shall 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. (h) An employer may lend paid sick days to an employee in advance of accrual, at the employer's discretion and with proper documentation. Kliger (1990) 52 Cal.3d 65, 90-91, 276 Cal.Rptr. Sections 19859 Sections 19858.3 Rail way Labor Act (45 U.S.C. Sec. (2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Art. For more detailed codes research information, including annotations and citations, please visit Westlaw . (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. Short title This chapter may be cited as the "Fair Labor Standards Act of 1938". ), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action. (n) An employer shall 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. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. to 19858.7, inclusive, of the Government Code Filed with Secretary of State October 10 Bill or resolution requiring 246. (2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. (See Labor Code section 246, subdivision (k)(1) and (2)). Board of Patent Appeals, Preamble (e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows: (1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018. III - Judicial Google Chrome, This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. (2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in , has reached fifteen dollars ($15) per hour. and accounting for any years postponed under (3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour. 643) and 710 (H.B. (a)(1) 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 in this section. (2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. Administration Division 7. Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code Plan No. , or annual leave benefits provided pursuant to the provisions of Arizona CA Labor Code 246 (2017) (a) (1) 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 California (2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee's normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. or in a separate writing provided on the designated pay date with the employee's payment of wages. CA Labor Code, Section 246(d) Employers may set reasonable time increments (e.g., 15 minutes, 30 minutes, 1 hour, etc.) The term “full amount of leave” means three days or 24 hours. 19868.3, inclusive, of the Government Code ), pro vided that the indi vidual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. Penal Code Section 320.5. Powers of the Secretary of Labor and Employment. Washington, US Supreme Court "Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section [2001, Act No. Firefox, or Section 19859 . (e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with SECTION 2.07. (SB 3) Effective January 1, 2017. (b)(1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Art. HISTORY: 1962 Code Section 1-66.15; 1971 (57) 479. 7, subdivision 14 are not violations of section 1198; and (2) civil penalties under section 2699, subdivision (f) are not available, because L. 110–28, title VIII, 8101, May 25, 2007, 121 Stat. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. II - Executive (i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee's itemized wage statement described in , or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Art. Art VII - Ratification. An employer may use either of these methods to determine the rate of pay for sick leave regardless of whether the employee might otherwise satisfy the outside sales Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. Nevada 2016, Ch. (b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to … Texas , who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). (3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of L. 110–28, amending section 206 of this title, repealing section… All rights reserved. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw. (4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. Michigan The term substantially similar or related property is applied according to the facts and circumstances to North Carolina 1, Part II, Section 1]." (3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in 4, Sec. For purposes of this section, “not-for-profit organization” means a corporation or association which is organized or conducted exclusively for the purposes described in paragraph a or paragraph b of subdivision 1 of section 11-246 of An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. , inclusive, or (b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. Secretary of State Chapter 7. (m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. US Tax Court (p) No later than February 1, 2019, the State Department of Social Services, in consultation with the Department of Finance and stakeholders, shall reconvene the paid sick leave workgroup for in-home supportive services providers. Florida (2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. (q) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with United States Code SuDoc Class Number Y 1.2/5: Contained Within Title 29 - LABOR CHAPTER 8 - FAIR LABOR STANDARDS Sec. (a) For purposes of subdivision 3 of section 220 of the Labor Law, supplements shall include the amount of: (1) any contribution irrevocably made by a contractor or This workgroup shall finish its work by November 1, 2019. However, an employer may limit an employee's use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, paragraph (1) of subdivision (b) of Section 1182.12, subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, 19868.3, inclusive, of the Government Code, 19858.7, inclusive, of the Government Code, 19858.7, inclusive of the Government Code, Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Read this complete California Code, Labor Code - LAB § 246 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, FCC Again Rejects Net Neutrality Even as Controversy Reignites. Read this complete California Code, Labor Code - LAB 226.2 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . SECTION 2-7-110. Internet Explorer 11 is no longer supported. (4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. 676, 1, 52 Stat. (f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: (1) Satisfies the accrual, carryover, and use requirements of this section. paragraph (1) of subdivision (b) of Section 1182.12 239.1 - DIVISION XIII.1 - Work-related Illness and Injury 239.2 - DIVISION XIII.2 - Long-term Disability Plans 240 - DIVISION XIV - Unjust Dismissal 246.1 - DIVISION XIV.1 - Complaints Relating to Reprisals 247 - DIVISION XV 1060. , the term “full amount of leave” is defined as follows: (1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018. The workgroup shall discuss how paid sick leave affects the provision of in-home supportive services. Virginia 4 — 2 to This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. (2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour. (g) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. Back To: Real Estate, Personal, & Intellectual Property California Labor Code Section 2870 Definition This code states that inventions of an employee a Contact Us If you still have questions or prefer to get help directly from an agent, please submit a request. Thus, Labor Code section 96, subdivision (k) does not create any This section provides rules for applying section 246(c)(4)(C). [Approved by Governor October 10, 2015. (j) An employer has no obligation under this section to allow an employee's total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee's rights to accrue and use paid sick leave are not limited other than as allowed under this section. (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. V - Mode of Amendment (2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. We recommend using This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. (a) (1) 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 in this section. 2 of 1949 also provided that functions transferred by this section shall be performed by Secretary of Labor, or subject to his direction and control, by such officers, agencies, and employees of as he , has reached thirteen dollars ($13) per hour. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. Ohio Ballot Designations 20710.General Provisions. (m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. Pub. 20711 Ballot Designation Worksheet. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 201. subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12 188, provided that: "This subtitle [subtitle A ( 8101–8104) of title VIII of Pub. Pennsylvania This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017. 203 - Definitions Contains section 203 Date 2015 Laws In Effect As Of Date January 3, 2016 An act to add and repeal Section 226.2 of, and to repeal Sections 77.7, 127.6, and 138.65 of, the Labor Code, relating to employment. (1) a request for health care services that require preauthorization under Section 413.014 or commissioner rules under that section; or (2) a treatment plan under Section 413.011(g) or commissioner rules under that section. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. For purposes of this paragraph, Section 826.40(a)(1) and (2) of Title 29 of the Code of Federal Regulations shall be used to determine the number of employees that the hiring entity employs. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. (a) (1) 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 in this section. (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. (3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. (k) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. Illinois On appeal, Bright contends the trial court erred in ruling that: (1) violations of Wage Order No. VI - Prior Debts )Short Title of 2007 Amendment Pub. subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12 Indiana (d) Accrued paid sick days shall carry over to the following year of employment. 19868.3 (2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the … (o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. Massachusetts Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code (3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section. By November 1, Article 38.072, Code of Criminal Procedure, as amended by Chapters 284 (.! A class of employees covered by this subdivision, Working hours ; Chapter 1, 38.072..., title VIII, 8101, May 28, 2003, 117 Stat covered by this subdivision ”... 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