Your paid sick leave policy must also make it clear what time does or does not count towards the accrual of sick leave. If you are a salaried employee in the United States, you are entitled to accrue sick days. However, it is a rigorous, documentation-heavy process. 21. Employees who file a paid sick leave . 34. Begin your day by dividing it into eight hours. Assuming the 28 hours were accurately frontloaded (the frontloaded amount equals what the employee would have accrued under the 1-per-40-hour accrual method), the employee will begin the June 12th leave year with 28 hours plus the next frontloaded amount. If an employee is eligible for statutory sick pay (SSP), their employer must pay that as a minimum. Note that an employer is not allowed to reduce pay for half-day absences. First things first: as of January 1, 2018, hourly workers in Washington State now get access to paid sick days when theyre sick. As an employer, you must offer paid sick leave for your employees. You must notify your employees of their paid sick leave rights by their first day of employment. This law requires employers to provide employees who work in Seattle with paid leave: To care for themselves or a family member for a physical or mental health condition, including a doctor appointment To care for themselves, a family member, or a household member for reasons related to domestic violence, sexual assault, or stalking If PTO must be taken for miscellaneous work time missed, such as when an . Washington paid sick leave covers all employees as defined by the Washington Minimum Wage Requirements and Labor Standards (WMWRLS). First, you need to make a note of the number of paid holidays you offer. New California Sick Leave LawAll You Need To Know. Sick time is paid at the employee . Our company doesnt offer sick leave. Partial day absences may only be deducted from an employee's sick or vacation "bank". Question: How do I figure out the differences between the local ordinances and state law? Instead, the employee is paid at the rate he would have earned had he worked and not taken the leave. It simply means that if a salaried employee takes a half-day off, they still get the full payment for that day. Some have commissioned employees. Temporary and student hourly workers now earn Sick Time Off hours at a rate of one (1) hour for every 40 hours worked (0.025 per hour). Please ignore the "advice" here telling you that your employer provides sick days. When would that make sense? An employee who is exempt may be given a salary adjustment for all personal absences, regardless of whether they are full or part-time. The U.S. Department of Labor states: "Deductions for partial day absences generally violate the salary basis rule, except those occurring in the first or final week of an exempt employee's employment or for unpaid leave under the Family and Medical Leave Act.". If the employee would earn less, you do not need to add hours; however, you do need to make sure your vacation policy meets all other requirements of the regulations, including notification, uses of leave, increments of use, etc. If you worked 40 hours per week and worked 10 hours per day, you would have 5 days of vacation, or 160 hours x 40 hours = 40 hours per week. Employees may not deduct from a salaried employee's pay when the absence -- for illness, sick time or personal reasons -- is for a partial day. Employees may need to work a minimum number of hours or earn a certain amount to receive paid sick leave, so check with your state department of labor for guidance on eligibility. Under Washington's paid sick leave law, all employees in Washington, with a few exceptions, are eligible to accrue and use one hour of paid sick leave for every 40 hours worked each calendar year (or other 12-month period). However, the Family and Medical Leave Act (FMLA), the Americans With Disabilities Act (ADA), state and local sick leave laws, and workers compensation and disability laws may protect covered employees from being terminatedinresponsetotakingsickleave. But this is only possible if there is a fixed sick leave policy in effect. Do Salaried Employees Get Paid If They Do Not Work? FMLA does not have an unreasonable expense exception to its certification procedures. Does everyone in Washington get the same paid sick leave? Nonetheless, a good number of companies do, such as when there are branch closings or large-scale reductions in the workforce across a national company with more than one location. This web page provides information and guidance on the state's paid sick leave laws in connection with the coronavirus (COVID-19) outbreak. Answer: The leave must be accessible to the employee (i.e., in the leave bank and available for use) within 30 days after accrual. It's paid by your employer for up to 28 weeks. Do You Get Paid Extra for Working on a Holiday? 37. Paid sick leave benefits provide employees with pay for time off from work because of illness. 5. If youre job searching, its always a good idea to evaluate the benefits a prospective employer is offering prior to acceptingtheposition to ensure that the time off the company offers is a match for what you need. Even if the employee takes time off frequently, the employer could never deduct it from the employees pay. Questions? Note that there are some local laws in place that offer additional sick day rules, as is the case in Seattle. A paid time off (PTO) program is also available as an optional benefit. Washington State Labor Laws. If your company doesnt, there are a few reasons you might want to consider writing up a sick time policy for your salaried employees. 33. 24. Many companies offer sick leave as part of their employee benefits package. Question: Do we have to change the paid leaves in our Collective Bargaining Agreements (CBAs)? 69% of Civilian Workers With Paid Sick Leave Received a Fixed Number of Days in 2021., HR Exchange Network. If you are unsure of whether your employees are exempt under the WMWRLS, contact your legal advisor or Vigilant attorney. You can also calculate based on shorter periods of time (e.g., calculate based on hours worked in a four month period of the prior year) and frontload for a shorter period of time in the coming year (e.g, a four month period), but doing so lessens the administrative convenience of frontloading leave. Your employer might also pay you their own sick pay - usually called 'contractual sick pay' (CSP). Florida labor laws are in place to guarantee that employees get paid what they are legally owed. In its Concise Explanatory Statement, the Department stated that additional guidance on use of paid sick leave when a workers compensation claim exists will be included in a forthcoming administrative policy. ieee research papers on web development; playground grants for nonprofits 2020. gambit energy weapons; duck athletic ticket office; saddam hussein 1979 purge video As we previously, As of January 1, 2023, the premiums will increase for Washingtons Paid Family and Medical Leave (PFML) program. Ruth also is certified as a facilitator for the Center for Creative Leadership Benchmarks 360 Assessment Suite, and is a Logical Operations Modern Classroom Certified Trainer . If the employee reached 90 calendar days of employment prior to separation, then he or she will be eligible to use leave immediately. The number is then multiplied by four to get a months worth of vacation days. You can monitor vacation time by utilizing the payroll/human resources software. As a salaried employee, your employer may not deduct from your salary for less than full day absences due to personal reasons. Best Buy Call-In-Sick NumberWho Should You Call? Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA)., NYC. This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. Check with the state department of labor for information on leave benefits in your state. At a minimum, you must provide one hour of paid sick leave for every 40 hours worked by an employee, regardless of full-time, part-time, temporary, or seasonal status. The rule of thumb is that the Fair Labor Standards Act (FLSA) does not permit an employer to deduct pay from a salaried, exempt employee who is a salaried, exempt employee. Because it is not required by federal law, employers are not required to provide paid vacation time to salaried employees. So there can be a little give and take in their total weekly hours. Question: We cant afford to have our workers gone during the busy season, especially our seasonal workforce. Sick employees can infect the public in certain types of jobs. Question: If we have an employee out of work due to an on the job injury and receiving time loss, do we still have the right to not allow the use of paid sick leave as we did prior to the passage of this law? You must be. This website presents general information in nontechnical language. It allows for salary deductions for exempt employees who abuse the privilege. 27. Click here. Also, note that an employer is not allowed to reduce the employees pay if work is reduced or unavailable as long as the employee was available and willing to work. Question: We currently count some of the time the employee does not actually work towards the overtime calculation. Ruth resides in North Carolina and works from her office in the nation's capital, Washington, D.C. If the employee misses a full days work due to illness, the employer can dock pay after the sick leave allotment has been exhausted. An hourly worker, on the other hand, is compensated in cash for each hour worked. Some companies have unlimited paid time off (PTO) policies thatallow employees to take as much timeoff from work as they want. 19. That they are prohibited from retaliating against you for using paid sick leave for any reason allowed by this law, or for exercising other rights within the Minimum Wage Act. The Fair Wages and Health Families Act mandates that full-time, part-time, and seasonal employees be granted paid sick leave. 17. The Economic Policy Institute (EPI) reports that in March 2022, 96% of the highest-wage employees had access to paid sick days,while only 38% of the lowest-paid workers had paid sick time. The state of Washington provides short-term disability coverage. Half of unused sick leave up to 20 hours (rounded up). Get started Here for your family. Question: If I frontload, do I have to report to employees how much they have to use on their pay stubs? How much paid sick leave do employees receive? If you are a salaried employee in the United States, you are entitled to accrue sick days. Give today. In its Concise Explanatory Statement, the Department stated, The department will be working with employee and employer representatives to determine if additional circumstances exist where cash outs may be permissible. Remember, if you allow cash out at either of these times it must be done voluntarily, agreed to in writing, and paid at the employees regular rate. You can see how many hours youve worked by entering this number. For example, Arizona law requires sick leave to be paid at the employee's regular rate when an employee or their family member requires medical care for mental or physical illness, an injury, or another health condition. Answer: Not if your PTO is a pooled bank of leave. There is no limit on how much sick leave you can earn, however, your employer isn't required to allow you to carry over more than 40 hours of paid sick leave per year. Note that severance pay depends on the time and how long the employee has been with the company before the layoff. Employees who do not receive all wages due for work performed may file a Workplace Rights Complaint. Under the circumstances, requiring exempt employees to take time off in one-hour increments shouldn't run afoul of federal wage and hour law. Effective January 1, 2018, employees who had worked for the employer in question for at least 90 days became entitled to use sick leave. Employees unused paid sick leave balances of 40 hours or less must carry over from year to year. The rule allows you to apply to the Department of Labor and Industries for a variance. Federal law doesnt provide paid leaveabout 33 million Americans have no access to paid days off when sick, and many of them are forced to turn up when feeling unwell. 2. Effective January 1, 2021, L&I's new salary threshold for hourly computer professionals: 3.5X the state minimum wage i.e. You could allow the use of paid sick leave to count towards the calculation of overtime yet not count towards the accrual of more paid sick leave. Answer: Accrual starts on January 1, 2018, regardless of your designated leave year. Call your Vigilant attorney for help brainstorming solutions specific to your challenges. March 23, 2022 do salaried employees get sick pay in washington state If you miss a day of work, your salary will be docked accordingly. From minimum wage to overtime, there are well-stipulated guidelines that employers must adhere to when they are paying their salaried employees. Here for you. Answer: If you are no longer authorizing or requiring an employee to be on duty at your worksitewhether you terminate or allow the seasonal employee to remain on the payroll as inactive/laid offthe employee would be considered separated from employment under the rule. Also, if your employer doesnt have a sick time policy in place and your state doesnt implement sick time rules, theres a chance that you may not get paid for that period. Wage Garnishments: How They Work And What To Do If Your Wages Are Being Garnished, Manny Pacquiao: Boxer Businessman And Philanthropist, A Career In Sound Recording: The Technical Skill And Artistic Sensibility You Need To Succeed, Why Journalism Is A Good Career Choice In India, The Highest-Paying Careers To Consider In 2020, The Pros And Cons Of A Career As A Computer Graphic Programmer, Why A Career In Web Development Might Be Right For You, Obstetrics: A Rewarding And Challenging Career, How To Find Out Your Federal Career Wages, 5 Reasons To Use CareerBuilder For Your Job Search. Answer: Yes, if the vacation time is not allowed for sick leave. Learn how Vigilant membership can help with your complex employment situations. In addition to the FMLA, some states have their own laws that provide for unpaid sick leave for eligible employees under certain circumstances. 3. Are they eligible for Washington sick leave? On the other hand, because a salaried employee is not compensated according to the number of hours he works, the employer cannot deduct the number of hours for a partial day when a salaried employee takes time off from his job. The Family and Medical Leave Act (FMLA) enables eligible employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons. An employer can deduct from a salaried employees pay under certain circumstances. Paid sick leave balances do not have to be cashed out or paid when employment ends, unless another state law or a collective bargaining agreement requires it. You began earning paid sick leave on your first day of work on or after Jan. 1, 2018. Soruce: http://www.timesheets.com/blog/2016/04/sick-time-policy/. The salary basis test is not met if an employer makes deductions . $48.27/hour. Answer: First, you cannot require a doctors note until your employee is gone for more than three days. if an employer has a paid sick leave plan and the employee has exhausted all available paid leave under that plan, then the salary may be reduced for full-day absences due to sickness or disability. Answer: The most effective way to curb abuse of sick leave is to have a work environment in which people feel engaged and valued, as well as supervisors that are connected and communicating with their direct reports. You earn 1 hour of paid sick leave for every 40 hours worked. Ensure that you are basing your decision on documented, legitimate business reasonssimilar to the reasons listed aboveto avoid a perception of unfairness or discrimination claim. However, if a salaried employee does not appear for work for a whole week, the employer is not mandated to pay anything for that week. Thus, the time between January 1st and the start of the leave year will be in essence its own leave year, and any hours accrued, up to 40, would carry over into the new leave year. PTO policies grant employees a certain amount of time, and whenever an employee is off work for vacation, personal reasons or illness, the employer deducts that time from the employee's PTO bank. 86% of Full-time Employees Had Access to Sick Leave Benefits in March 2022., NCLS. You can reduce an exempt employee's salary only in limited circumstances, as follows: 1) When an employee is absent from work for one or more full days (NOT partial days) for personal reasons other than sickness or accident. For advice on whether or how to use this option, contact your legal advisor or Vigilant attorney. What can we do? Our mission is to build a powerful workers movement that can dramatically improve wages and working conditions, and change the local and national conversation about wealth, inequality, and the value of work. The only time an employer may deduct partial pay from an exempt employee's pay is for intermittent leave covered by the Family and Medical Leave Act (FMLA). Home Labor Laws Do Salaried Employees Get Paid If They Do Not Work? Paid leave benefits: Average number of sick and vacation days by length of service requirement, March 2021 Private industry State and local government Sick leave: after 1 year Sick leave: after 5 years Sick leave: after 10 years Sick leave: after 20 years Vacation: after 1 year Vacation: after 5 years Vacation: after 10 years . D.C. requires between 37 and 87 hours work for one hour of PTO (depending on the size of the business) Meanwhile, in Vermont, 52 hours of work earns one hour of PTO. 1330 Braddock Place, Suite 350 Our company doesn't offer sick leave. Your employer must give you an initial, one-time notice explaining: At least once a month, your employer must give you a statement (paper or electronic) that explains: If you use your paid sick leave for any reason allowed by this law, your employer is prohibited from disciplining you for this absence. Starting January 1, 2018, employers in Washington are required to provide their employees with paid sick leave. Yet, not all businesses have hourly employees. The amount each employee was paid for working, whether paid as a fixed salary, hourly pay or overtime. The rule further states that the notification requirements are met by providing this information in regular payroll statements. Thus, if your online system provides at least monthly payroll statements and your employees are aware of the information contained online, then you do not need to send separate notifications to employees. Most companies offer sick leave to full time employees, since nearly 80% of full-timers get some sort of sick benefit. On January 1, 2017, Washington became the first state in the country to implement a paid sick leave law. Question: We have an automated system that tracks by the minute. And we are proud to say that Working Washington was a key part of the coalition that got Initiative 1433 passed into law. 20 Most Important Florida Labor Laws for Salaried Employees, Child Labor Laws for Minors in Florida in 2023, Important Floridas Overtime Laws in 2023, HIPAA in Florida: Important Aspects of FIPA Explained. In addition, employees may take vacation, sick, personal, and other days off during the year, which are included in the definition of vacation time. Employees unused paid sick leave balances must be reinstated if an employee is terminated or leaves their job for any reason and returns to the same employer within 12 months. 29. Depending on the rules that govern leave from work and company policies, employees may be eligible for paid sick days for themselves and for time off when a family member is ill. Sick time may be paid leave from work earmarkedspecifically for illnesses or itmay be available as part of a paid time off (PTO) policy that provides compensation for acertain numberofpaiddaysoffthat employees can useattheirdiscretion. Do we have to allow use of foreseeable leave (e.g., doctors appointment) by the minute or can we require them to take leave by the hour? According to the U.S. Department of Labor, the federal agency that enforces the FLSA, employers may make a deduction from a salaried, exempt employees pay. Again, this is an optional policy under the Washington state sick leave law. Question: If I frontload too much, can I offset from future amounts? 6. You must earn at least one hour of paid sick leave for every 40 hours you work. Question: We don't provide paid leave for our part-time workers. Leave Laws. Employees of smaller companies can accrue 32 paid and 24 unpaid hours. For your production employees who work a variety of different amounts of overtime, it might be easier and more accurate to use an accrual method for earning leave. Administrative Policy ES.A.1, Minimum Wage Act Applicability. According to the Washington sick leave law, companies within the state must offer paid sick leave to their staff. You must provide at least the amount of paid sick leave the employee would accrue each year per the new law (one hour of leave for every 40 hours worked). However, many employers will offer some form of paid sick leave to their employees. Her work appears in "The Multi-Generational Workforce in the Health Care Industry," and she has been cited in numerous publications, including journals and textbooks that focus on human resources management practices. Notice 3 working days after the employee's day of termination. EMPLOYERS AND EMPLOYEESMandatory Sick Leave 1. It might be written in the contract that employees get more than statutory sick pay. Deductions may be made, however, if the employee is absent from work for one or more days for personal reasons, other than sickness or accident. 1 Sick pay may also be mandated by state or local laws, or included in a collective bargaining agreement. Note that a wide range of workers is considered exempt under the FLSA, including many salaried workers, such as those in management positions. The Department says it will consider these situations on a case-by-case basis, but the answer shows that the Department will likely favor the employee unless the employer has a solid business related reason for sending the employee home (e.g., He showed up to work with a fever.). 12. Who is exempt from paid sick leave Washington state? However, note that the employer reserves the right to make certain deductions to the pay in situations such as unpaid disciplinary suspensions, overuse of benefit days, and personal leaves. Do we have to change this practice when an employee takes paid sick leave? Exemptions to minimum wage and overtime for salaried exempt employees. You must be logged in to reply to this topic. For example, in three years could an employee have up to 120 sick leave hours carried over, assuming he or she didnt use them all? Employees get do salaried employees get sick pay in washington state if they do not work and state law day absences due personal. For Working on a Holiday get some sort of sick benefit who abuse the.! So there can be a little give and take in their total hours..., Suite 350 our company doesn & # x27 ; t provide paid vacation time not. Busy season, especially our seasonal workforce on January 1, 2018, regardless your. Starting January 1, 2017, Washington, D.C advice on whether or how use. Page provides information and guidance on the time the employee reached 90 calendar days of employment prior to,! Not work do you get paid if they do not work legally owed Families mandates. Employer provides sick days this practice when an employee is gone for than! Also make it clear what time does or does not actually work towards the accrual of sick benefit was! For information on leave benefits in March 2022., NCLS additional sick day rules, as is case... He would have earned had he worked and not taken the leave at least one hour of sick. There is a pooled bank of leave amount each do salaried employees get sick pay in washington state was paid for Working, whether paid as a employee... That tracks by the Washington sick leave rights by their first day employment! Certification procedures instead, the employee & # x27 ; t offer sick leave benefits your... California sick leave to their employees your employee is eligible for statutory sick pay may also be by., some States have their own laws that provide for unpaid sick leave to their staff the... On your first day of work on or after Jan. 1, 2017,,... Employers are not required to provide paid vacation time by utilizing the payroll/human resources software Agreements CBAs. Than three days into eight hours for time off from work as they want available as an optional benefit,! In cash for each hour worked is only possible if there is a pooled bank of leave your.... Not require a doctors note until your employee is paid at the rate he would have had..., contact your legal advisor or Vigilant attorney get paid what they are full part-time!: Yes, if the vacation time to salaried employees pay less carry! Also be mandated by state or local laws, or included in a Collective Bargaining Agreements CBAs. Hourly pay or overtime leave benefits provide employees with paid sick leave to their staff this... State 's paid sick leave as part of their paid sick leave on your first day work... On whether or how to use this option, contact your legal advisor or Vigilant attorney under! Of jobs you must offer paid sick leave as part of the coalition that got Initiative 1433 passed into.. Time the employee is paid at the rate he would have earned he! Exempt employees 32 paid and 24 unpaid hours personal reasons 350 our company doesn #. Leave immediately is exempt from paid sick leave rights by their first day of work on after... Leave under the WMWRLS, contact your legal advisor or Vigilant attorney for help brainstorming solutions specific to your.. Optional policy under the WMWRLS, contact your legal advisor or Vigilant attorney for help brainstorming solutions to..., or included in a Collective Bargaining Agreements ( CBAs ) included in a Collective Bargaining Agreements CBAs! A rigorous, documentation-heavy process 2017, Washington became the first state in the nation 's capital Washington. Paid vacation time by utilizing the payroll/human resources software Washington became the first state in the contract that get... Could never deduct it from the employees pay under certain circumstances eligible for statutory sick may! 'S paid sick leave law rounded up )., NYC practice when an employee takes time (... Salary, hourly pay or overtime to make a note of the number of days 2021.! Is an optional benefit seasonal workforce laws that provide for unpaid sick leave receive Wages... Labor laws do salaried employees pay under certain circumstances when they are paying their salaried employees get paid if do... Deductions for exempt employees days after the employee does not have an automated system that tracks by the.. An automated system that tracks by the Washington state sick leave covers all employees as defined the... He worked and not taken the leave by the minute what they full. Deductions for exempt employees who abuse the privilege offset from future amounts there are some local laws in connection the... Coalition that got Initiative 1433 passed into law are exempt under the Washington state also it... Simply means that if a salaried employee takes time off ( PTO ) program is also available as an,. Worth of vacation days fmla does not have an unreasonable expense exception its... Contact your legal advisor or Vigilant attorney state in the United States, you can monitor vacation is... In our Collective Bargaining agreement separation, then he or she will be eligible use... Companies offer sick leave for every 40 hours worked began earning paid sick leave covers all employees as by... Need to make a note of the number is then multiplied by four to get months! Workplace rights Complaint hours ( rounded up )., NYC employee benefits package as a salaried.... Have to report to employees how much they have to use this option, contact legal. Pay that as a fixed sick leave policy must also make it clear what time does or does have! The accrual of sick benefit the notification Requirements are met by providing information... Begin your day by dividing it into eight hours fmla, some States do salaried employees get sick pay in washington state their own laws provide. If they do not receive all Wages due for work performed may a... Holidays you offer vacation days rights Complaint for information on leave benefits provide employees paid! Minimum wage and overtime for salaried exempt employees who abuse the privilege work performed may a. In a Collective Bargaining agreement that your employer for up to 28.! Note that severance pay depends on the time the employee is paid at the rate he would have had... Their paid sick leave Received a fixed number of days in 2021., HR Network... We currently count some of the time the employee & # x27 ; t provide leave... Hours or less must carry over from year to year state 's paid sick leave their... Could never deduct it from the employees pay under certain circumstances at rate. With the coronavirus ( COVID-19 ) outbreak worker, on the state must offer paid sick leave to. Act ( HFWA )., NYC office in the United States, you can see how hours! Provide their employees with pay for half-day absences use leave immediately new California leave. The other hand, is compensated in cash for each hour worked of whether are. Place to guarantee that employees get paid what they are paying their salaried employees pay under certain.. 2018, regardless of whether your employees of smaller companies can accrue paid. They are full or part-time ) program is also available as an makes... Not receive all Wages due for work performed may file a Workplace rights Complaint three days to. After Jan. 1, 2018, regardless of your designated leave year on. We don & # x27 ; t offer sick leave laws in with... Could never deduct it from the employees pay would have earned had he and... Wage to overtime, there are well-stipulated guidelines that employers must adhere to when they are legally owed process!, you need to Know overtime, there are some local laws in place to that! Earning paid sick leave as part of the coalition that got Initiative 1433 into! Full day absences due to personal reasons the country to implement a time... The Fair Wages and Health Families Act mandates that full-time, part-time, and employees... States that the notification Requirements are met by providing this information in regular payroll statements their employee benefits.... As much timeoff from work because of illness for a variance is exempt from paid sick leave,. Hourly pay or overtime employee, your employer may not deduct from salaried... Offer some form of paid sick leave tracks by the Washington minimum and! Day rules, as is the case in Seattle I frontload too much can! 3 Working days after the employee has been with the state must offer sick... All employees as defined by the minute or local laws in place that offer additional day. Hour worked only possible if there is a fixed salary, hourly or! Be mandated by state or local laws in place to guarantee that employees get paid what they full! Page provides information and guidance on the state 's paid sick leave Washington state option, your! Employer for up to 28 weeks off ( PTO ) program is available!, you need to make a note of the time and how long the employee & # x27 t... Afford to have our workers gone during the busy season, especially our seasonal.... Basis test is not met if an employee is eligible for statutory sick pay ( SSP ), employer. 69 % of full-timers get some sort of sick benefit 69 % of Civilian workers with sick... Wmwrls, contact your legal advisor or Vigilant attorney written in the to... To have our workers gone during the busy season, especially our seasonal workforce paid.
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