VA HB2103 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on January 12 2021 - 25% progression, died in committee
Action: 2021-02-05 - Left in Appropriations
Pending: House Appropriations Committee
Text: Latest bill text (Comm Sub) [HTML]

Summary

Paid sick time. Requires public and private employers Paid sick time. Requires public and private employers with 35 or more full-time equivalent employees to provide eligible employees, defined in the bill, with earned paid sick time and paid sick time. The bill provides for an eligible employee to earn up to 40 hours of earned paid sick time depending on the amount of hours the eligible employee has averaged over the previous year or, for a new employee, is projected to work. An eligible employee shall not earn or use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. The bill provides that earned paid sick time may be used (i) for an eligible employee's mental or physical illness, injury, or health condition; an eligible employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an eligible employee's need for preventive medical care; or (ii) to provide care to an eligible employee's family member, defined in the bill, under similar circumstances. The bill prohibits employers from taking certain retaliatory actions against employees related to earned paid sick leave and authorizes the Commissioner of Labor and Industry, 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, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this bill and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. However, an aggrieved employee is required to seek redress through the employer's human resources department prior to filing an administrative complaint or civil action. The bill has a delayed effective date of January 1, 2023.

Tracking Information

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Title

Certain public & private employers to provide earned paid sick time.

Sponsors


Roll Calls

2021-02-01 - House - House: Subcommittee recommends laying on the table (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from Labor and Commerce with substitute (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting (4-Y 2-N) (Y: 4 N: 2 NV: 0 Abs: 2) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting (4-Y 2-N) (Y: 4 N: 2 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2021-02-05HouseLeft in Appropriations
2021-02-01HouseSubcommittee recommends laying on the table (8-Y 0-N)
2021-01-29HouseAssigned App. sub: Compensation & General Government
2021-01-28HouseReferred to Committee on Appropriations
2021-01-28HouseCommittee substitute printed 21103682D-H1
2021-01-28HouseReported from Labor and Commerce with substitute (11-Y 10-N)
2021-01-26HouseSubcommittee recommends referring to Committee on Appropriations
2021-01-26HouseSubcommittee recommends reporting (4-Y 2-N)
2021-01-19HouseAssigned L & C sub: Subcommittee #1
2021-01-12HouseReferred to Committee on Labor and Commerce
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21101392D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
40127.4(n/a)See Bill Text
40133.16(n/a)See Bill Text
40133.3(n/a)See Bill Text

Virginia State Sources


Bill Comments

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