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VA SB372

VA SB372
Employment; expands provisions for paid sick leave, civil penalties.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular 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 and specifies that 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 to seek or obtain certain services or to relocate or secure an existing home 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, the bill authorizes an aggrieved employee 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, 2027.

AI Summary

This bill, effective July 1, 2027, expands paid sick leave provisions to cover all employees of private employers and state and local governments, requiring employers to provide at least one hour of paid sick leave for every 30 hours worked, with a maximum accrual of 40 hours per year unless a more generous policy is adopted. Employees compensated on a fee-for-service basis will accrue leave according to regulations set by the Commissioner of Labor and Industry, and accrued leave will transfer with employees to successor employers. Paid sick leave can be used not only for personal or family illness but also for seeking services or relocating due to domestic abuse, sexual assault, or stalking, with protections against employer retaliation for using this leave. Certain healthcare workers working limited hours or on an "as-needed" (pro re nata) basis may be exempt from these requirements. The bill mandates that the Commissioner establish regulations for employee notification and employer recordkeeping, and it authorizes civil penalties for knowing violations, ranging from $150 for a first offense to $500 for subsequent violations, with aggrieved employees also able to file civil lawsuits seeking double the unpaid sick leave and actual damages.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Incorporated by Commerce and Labor (SB199-Favola) (15-Y 0-N) (on 02/02/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB372
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB372) https://lis.blob.core.windows.net/files/1105613.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB372/text/SB372
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