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Bill > HB1921


VA HB1921

VA HB1921
Employment; paid sick leave, civil penalties, effective date.


summary

Introduced
01/06/2025
In Committee
02/17/2025
Crossed Over
02/20/2025
Passed
03/07/2025
Dead
Vetoed
04/02/2025

Introduced Session

Potential new amendment
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 July 1, 2026.

AI Summary

This bill expands paid sick leave requirements in Virginia to cover all employees of private employers and state and local governments, extending beyond the previous limited scope of home health workers. The legislation mandates that employees accrue one hour of paid sick leave for every 30 hours worked, with a cap of 40 hours per year unless the employer chooses a higher limit. Employees can use paid sick leave not only for personal or family medical needs but also for purposes related to domestic violence, sexual assault, or stalking, such as seeking medical care, legal services, or relocation. The bill introduces new protections against retaliation, allows employees to carry over unused sick leave, and provides mechanisms for employees to file complaints or civil actions if employers violate the law. Employers who knowingly violate the provisions can face escalating civil penalties, starting at $150 for a first violation and increasing to $500 for subsequent violations. Notably, certain healthcare workers working limited hours may waive their sick leave rights, and pro re nata (as-needed) healthcare workers are exempt from the requirement. The law will take effect on July 1, 2026, giving employers significant time to prepare for and implement these new requirements.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (13)

Last Action

House sustained Governor's veto (on 04/02/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/HB1921
Governor's Veto Explanation HB1921 https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921VG
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1921) https://lis.blob.core.windows.net/files/1069727.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1921) https://lis.blob.core.windows.net/files/1044239.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921E
Appropriations Amendment https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921AH1
HAPP Sub: Commerce Agriculture & Natural Resources Amendment https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921AHC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1921) https://lis.blob.core.windows.net/files/1033085.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1921/text/HB1921
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