Bill Text: VA SB41 | 2018 | Regular Session | Prefiled
Bill Title: Sick leave; use for care of immediate family members.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-22 - Passed by indefinitely in Commerce and Labor (11-Y 3-N 1-A) [SB41 Detail]
Download: Virginia-2018-SB41-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 40.1-28.6:1 as follows:
§40.1-28.6:1. Use of sick leave for the care of immediate family members.
A. As used in this section:
"Employee" means any employee as defined in §40.1-2 who engages in employment for an employer in the Commonwealth for at least 30 hours per week.
"Employee stock ownership plan" has the same meaning as provided in 26 U.S.C. § 4975(e)(7).
"Employer" means any person, including the Commonwealth and any of its political subdivisions or instrumentalities, that employs 25 or more employees. "Employer" does not include any person that offers to its employees an employee stock ownership plan.
"Immediate family member" means an employee's child, spouse, grandchild, grandparent, parent, or any other individual identified as the employee's dependent on the employee's most recent federal income tax return.
"Sick leave" means time away from work that is provided by an employer to its employee for the purpose of permitting the employee to be absent from work in the event of the employee's own incapacity, illness, or injury, for which the employee receives his regular salary, wages, or other remuneration. "Sick leave" does not include paid short-term or long-term disability leave.
B. An employer that provides sick leave shall allow an employee to use the employee's earned sick leave for the care of an immediate family member of the employee. An employee who uses sick leave for the care of an immediate family member of the employee shall be entitled to receive his regular salary, wages, or other remuneration for such time to the same extent as the employee would receive them for sick leave taken in the event of the employee's own incapacity, illness, or injury.
C. Nothing in this section shall be construed to require an employer to:
1. Offer or provide sick leave to any of its employees; or
2. Allow an employee to use more than five days of earned sick leave per calendar year for the care of immediate family members.
D. An employee shall not be entitled to use sick leave under this section for the care of an immediate family member of the employee until that leave has been earned by the employee.
E. Any employee who uses sick leave for the care of an immediate family member of the employee shall comply with the terms of the employer's policies regarding the accrual and use of sick leave.
F. Nothing in this section shall be construed to create a new cause of action against an employer.
