summary
Introduced
01/05/2024
01/05/2024
In Committee
02/01/2024
02/01/2024
Crossed Over
Passed
Dead
02/22/2025
02/22/2025
Introduced Session
2025 Regular Session
Bill Summary
Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions. Employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave for their need for services or relocation due to domestic abuse, sexual assault, or stalking. The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements. The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2025.
AI Summary
This bill expands paid sick leave requirements for employees in Virginia, covering virtually all private and public sector workers. Under the new law, employees will accrue one hour of paid sick leave for every 30 hours worked, with a maximum of 40 hours per year, and the leave can be used for personal medical needs, caring for family members, or addressing situations involving domestic violence, sexual assault, or stalking. The bill requires employers to allow employees to use sick leave in hourly increments and prohibits employers from retaliating against workers who use their sick leave. Employers must maintain confidentiality of employee health and personal information and cannot require detailed documentation for short absences. The law introduces civil penalties for violations, with fines ranging from $150 for a first offense to $500 for subsequent violations. Employees who are denied their sick leave rights can file complaints with the Commissioner of Labor or bring civil actions to recover double the amount of unpaid sick leave, actual damages, and potentially receive reinstatement and legal fees. Certain healthcare workers can waive their sick leave rights, and some part-time or as-needed healthcare workers are exempt from the requirement. The bill will take effect on January 1, 2025, giving employers time to adjust their policies and practices.
Committee Categories
Budget and Finance, Business and Industry
Sponsors (5)
Last Action
Left in Appropriations (on 11/18/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/cgi-bin/legp604.exe?251+sum+HB348 |
| BillText | https://lis.virginia.gov/bill-details/20251/HB348/text/HB348H1 |
| BillText | https://lis.virginia.gov/bill-details/20251/HB348/text/HB348 |
| Fiscal Note/Analysis - House: Prefiled and ordered printed; offered 01/10/24 24104467D | https://lis.blob.core.windows.net/legacy/1000335.PDF |
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