Employees; earned sick leave, civil penalties.
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SB 481 — Employees; earned sick leave, civil penalties.
Last action — Failed to pass in Senate
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Earned paid sick time. Requires public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill prohibits employers from taking certain retaliatory actions against employees related to 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 measure 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. The bill has a delayed effective date of January 1, 2021, and incorporates SB 1069.
Bill Text
What changed in the latest version
56 added · 43 removedPlain-language change summary
The updated version of SB 481 clarifies that employers are only required to provide a minimum of 40 hours of paid time off if it is included in a written policy that meets specific criteria. Additionally, it specifies how unused sick time can carry over to the next year, though it counts toward the 40-hour limit unless the employer chooses to offer more. These changes matter because they provide more clear guidelines for both employers and employees about paid sick leave, ensuring employees know their rights and employers understand their obligations.
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SESSION history | hilite | pdf | print version 20106951D20109431D SENATE BILL NO.
481 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateJoint Conference Committee on CommerceMarch and Labor on February 3, 2020) (Patrons Prior to Substitute--Senators Favola and Barker [SB 1069]) Senate Amendments in [ ] February 11, 2020 A BILL to amend the Code of Virginia by adding a section numbered 40.1-27.3 and by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.1 through 40.1-33.14,40.1-33.13, relating to employees;
D.
For purposes of this section, "employer" means the same as that term is defined in § 40.1-33.1.
Accrual of earned paid sick time.time;
waiver.
AnyEarned employer with a paid leavesick policy, such as a paid time offremaining policy,unused thatat makesthe availableend an amount of paid leave sufficient to meet the requirements of this section to provide employees with at least 40 hours of paid sick time a year andshall that may be usedcarried forover theto same purposes and under the samesubsequent conditionsyear. as earned paid sick time under this article is not required to provide additional paid sick time .
However, any carried-over sick time shall count toward the 40-hour limit on earned sick time provided for in subsection A, unless the employer selects a higher limit.
NothingAn inemployer shall be deemed to have satisfied the employer's duties under the provisions of this sectionarticle and shall not be construedrequired asto requiringprovide financialadditional orpaid othersick reimbursementtime toif ansuch employeeemployer fromhas ana employerpaid upontime theoff employee'spolicy termination,that resignation,(i) retirement,is orprovided otherto separationemployees fromin employmentwriting, for(ii) accruedprovides earnedemployees paidwith sickat least 40 hours of paid time off a year that hascan notbe beenused used.for the purposes set forth in subsection A of § 40.1-33.3, and (iii) includes notice of the information set forth in subdivisions A 3, 4, and 5 of § 40.1-33.5.
IfNothing anin employeethis issection transferredshall tobe aconstrued separateas division,requiring entity,financial or location,other butreimbursement remainsto employedan by the same employer, the employee isfrom entitledan toemployer allupon earned paid sick time accrued at the prioremployee's division,termination, entity,resignation, retirement, or locationother andseparation isfrom entitledemployment tofor useaccrued all earned paid sick time asthat providedhas innot thisbeen section.used.
H.
If an employee is transferred to a separate division, entity, or location within the Commonwealth, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued at the prior division, entity, or location and is entitled to use all earned paid sick time as provided in this section.
H.
When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time that they accrued when employed by the original employer, and to use earned paid sick time previously accrued.
When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time that they accrued when employed by the original employer, and to use earned paid sick time previously accrued.
J.
[K. J.
TheAn provisionsemployee ofwho this(i) articleis shalllicensed, notregistered, applyor tocertified anby employer that has entered into a bonahealth fideregulatory collectiveboard bargainingwithin agreement with respect to the employeesDepartment that are covered by such agreement, for the duration of theHealth agreement,Professions; provided that the collective bargaining agreement provides at least five days or its equivalent of paid time off for full-time employees and a prorated amount for part-time employees, on an annual basis.
](ii) §is 40.1-33.3.employed by a hospital licensed by the Department of Health;
and (iii) works, on average, no more than 30 hours per month may waive his right to accrue and use earned paid sick time under the provisions of this article.
Such waivers shall be in writing and signed by the employee and employer.
If the employee waives his right to accrue and use earned paid sick time in accordance with this subsection, the employer shall be deemed to have satisfied the employer's duties under the provisions of this article.
§ 40.1-33.3.
Recover (i) a sum equal to twice the total of (i)(a) the amount of any unpaid earned sick time and (ii)(b) the amount of any actual damages suffered as the result of the employer's violation of this article;article and (ii) reasonable attorney fees;
View plain text versions (4)
- Impact statement from DPB (SB481S2) View text Current html March 03, 2020
- Committee Substitute Engrossed by Senate - committee substitute with amendment SB481ES1 html February 11, 2020
- Impact statement from DPB (SB481S1) View text html February 03, 2020
- Impact statement from DPB (SB481S1) View text html January 07, 2020
Action History
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Failed to pass in Senate
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No further action taken
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Impact statement from DPB (SB481S2)
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Passed by temporarily
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VOTE: Adoption (52-Y 45-N)
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Conference report agreed to by House (52-Y 45-N)
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Passed by for the day
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Passed by for the day
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Passed by temporarily
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Conference substitute printed 20109431D-S2
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (40-Y 0-N)
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House requested conference committee
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House insisted on amendments
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House amendments rejected by Senate (0-Y 40-N)
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VOTE: Passage (52-Y 48-N)
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Passed House with amendments (52-Y 48-N)
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Engrossed by House as amended
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Pending question ordered
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Impact statement from DHCD/CLG (SB481)
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Amendments by Delegate Guzman agreed to
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Committee on Appropriations amendment agreed to
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Committee on Labor and Commerce amendments # 8 and 9 rejected
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Committee on Labor and Commerce amendments #'s 1-7 and #'s 10-13 agreed to
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Read third time
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Read second time
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Reported from Appropriations with amendment (12-Y 10-N)
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Impact statement from DPB (SB481ES1)
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Referred to Committee on Appropriations
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Reported from Labor and Commerce with amendments (13-Y 9-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Labor and Commerce
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Read first time
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Placed on Calendar
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Passed Senate (23-Y 17-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 20106951D-ES1
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Engrossed by Senate - committee substitute with amendment SB481ES1
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Committee amendment agreed to
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Reading of amendment waived
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Committee substitute agreed to 20106951D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (36-Y 0-N)
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Reported from Finance and Appropriations with amendment (11-Y 5-N)
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Impact statement from DPB (SB481S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20106951D-S1
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Incorporates SB1069 (Barker)
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Reported from Commerce and Labor with substitute (12-Y 3-N)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/08/20 20104341D
Sponsors
- Barbara A. Favola · Primary
- Jr. William M. Stanley · Cosponsor
- Jennifer B. Boysko · Cosponsor
- Mamie E. Locke · Cosponsor
- David W. Marsden · Cosponsor
- Adam P. Ebbin · Cosponsor
- Jennifer L. McClellan · Cosponsor
- Karrie K. Delaney · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- John J. Bell · Cosponsor
- George L. Barker · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 11 co-sponsors · 136 not signed on · 75 voted No
Sponsors (1)
- Barbara A. Favola Voted No
Co-sponsors (11)
- William M. Stanley, Jr. Voted No
- Jennifer B. Boysko Voted No
- Mamie E. Locke Voted No
- David W. Marsden Voted No
- Adam P. Ebbin
- Jennifer L. McClellan
- Karrie K. Delaney Voted No
- Ghazala F. Hashmi
- Guzman, Elizabeth R.
- Bell, John J. Voted No
- Barker, George L. Voted No
Not signed on (136)
136 members have not signed on to this bill.
Show all 136 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 45 | 0 | 2 |
| Total | 52 | 45 | 0 | 2 |
| % of votes cast | 53% | 45% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 40 | 0 | 0 |
| Total | 0 | 40 | 0 | 0 |
| % of votes cast | 0% | 100% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 48 | 0 | 0 |
| Total | 51 | 48 | 0 | 0 |
| % of votes cast | 52% | 48% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 10 | 0 | 0 |
| Total | 12 | 10 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Nay |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Ayala, Hala S. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Christopher T. Head | — | Nay |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Jeion A. Ward | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Nay |
| Michael J. Webert | — | Nay |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Tony O. Wilt | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 17 | 0 | 0 |
| Total | 23 | 17 | 0 | 0 |
| % of votes cast | 58% | 43% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 4 |
| Total | 36 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 5 | 0 | 0 |
| Total | 11 | 5 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 3 | 0 | 0 |
| Total | 12 | 3 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 481 do?
- Earned paid sick time. Requires public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill prohibits employers from taking certain retaliatory actions against employees related to 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 measure 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. The bill has a delayed effective date of January 1, 2021, and incorporates SB 1069.
- Who sponsors SB 481?
- SB 481 is sponsored by Barbara A. Favola, William M. Stanley, Jr., Jennifer B. Boysko, Mamie E. Locke, David W. Marsden, Adam P. Ebbin, Jennifer L. McClellan, Karrie K. Delaney, Ghazala F. Hashmi, Guzman, Elizabeth R., Bell, John J., and Barker, George L..
- What is the current status of SB 481?
- This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 481?
- Track SB 481 free on One Click Politics — get push/email alerts when it moves.
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