Bill Text: VA HB1160 | 2022 | Regular Session | Introduced
Bill Title: Health care providers and grocery store workers, etc.; employers to provide paid sick leave.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Commerce and Energy [HB1160 Detail]
Download: Virginia-2022-HB1160-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §40.1-33.3 of the Code of Virginia are amended and reenacted as follows:
§40.1-33.3. Definitions.
As used in this article, unless the context requires a different meaning:
"Employee" means a an individual who works as a (i) home health worker, (ii) health care provider,
or (iii) grocery store worker who works on average at least 20 hours per week or
90 hours per month.
"Employee" does not include an individual who (i) is licensed,
registered, or certified by a health regulatory board within the Department of
Health Professions; (ii) is employed by a hospital licensed by the Department
of Health; and (iii) works, on average, no more than 30 hours per month.
"Employer" has the same meaning as provided in § 40.1-2. "Employer" does not include any agency of the federal government.
"Family member" means:
1. Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;
2. A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee's spouse, or individual who stood in loco parentis to an employee when the employee or employee's spouse was a minor child;
3. An individual to whom an employee is legally married under the laws of any state;
4. A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of an employee or the employee's spouse;
5. An individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment; or
6. Any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.
"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; or fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
"Health care provider" has the same meaning as provided §8.01-581.1.
"Home health worker" means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed or agency-directed services under the state plan for medical assistance services.
"Paid sick leave" means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in §40.1-33.5; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.
§40.1-33.4. Accrual of paid sick leave; waiver for certain employees.
A. All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.
B. Employees who are exempt from overtime requirements under 29 U.S.C. §213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. §201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.
C. Paid sick leave as provided in this section shall begin to accrue at the commencement of employment. An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year.
D. Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.
E. Any employer that has entered into a bona fide collective bargaining agreement that requires the employer to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee covered by such collective bargaining agreement.
F. An employee who is (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) is employed by a hospital licensed by the Department of Health; and (iii) works, on average, no more than 30 hours per month may waive the right to accrue and use paid sick leave under the provisions of this article. Such waiver shall be in writing and signed by the employee and the employer. If an employee waives his rights in accordance with this subsection, the employer shall be deemed to have satisfied the provisions of this article with respect to such employee.
G. Notwithstanding the provisions of this article, an employer shall not be required to provide paid sick leave under the provisions of this article to any employee who is (i) licensed, registered, or certified by a health regulatory board within the Department of Health professions; (ii) employed by a facility licensed by the Department of Health; or (iii) employed by the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority and who is employed on a pro re nata or as-needed basis is not subject to the provisions of this article, regardless of the number of hours worked in the month.
