Bill
Bill > HB1921
summary
Introduced
01/06/2025
01/06/2025
In Committee
02/17/2025
02/17/2025
Crossed Over
02/20/2025
02/20/2025
Passed
03/07/2025
03/07/2025
Dead
Vetoed
04/02/2025
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)
Jeion Ward (D)*,
Elizabeth Bennett-Parker (D),
Rae Cousins (D),
Jackie Glass (D),
Karen Keys-Gamarra (D),
Destiny LeVere Bolling (D),
Mamie Locke (D),
Alfonso Lopez (D),
Delores McQuinn (D),
Marcia Price (D),
Saddam Salim (D),
Irene Shin (D),
Kathy Tran (D),
Last Action
House sustained Governor's veto (on 04/02/2025)
Official Document
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