Paid sick leave; employers to provide to certain employees.
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HB 2137 — Paid sick leave; employers to provide to certain employees.
Last action — Approved by Governor-Chapter 449 (effective 7/1/21)
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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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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29 sponsors
1 primary, 28 co-sponsors signed on.
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Cleared a recorded vote
Passed 12 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill 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 leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) 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 or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
In the latest version of Bill HB 2137, a specific line of text was added, while another line was removed. The addition likely introduces a new requirement or provision that could impact how the bill functions or is enforced. Removing the other line may have been done to clarify the bill or eliminate outdated language. These changes are important because they can affect the overall implementation and effectiveness of the legislation.
74.220.50.4874.220.50.216
View plain text versions (6)
- CHAP0449 View text Current html March 30, 2021
- HB2137ER View text html March 09, 2021
- HB2137S2 View text html February 25, 2021
- Committee Substitute Committee substitute printed 21200524D-S1 html February 22, 2021
- Engrossed Printed as engrossed 21101625D-E html February 03, 2021
- Prefiled Prefiled and ordered printed; offered 01/13/21 21101625D html January 12, 2021
Action History
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Approved by Governor-Chapter 449 (effective 7/1/21)
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Governor's Action Deadline 11:59 p.m., March 31, 2021
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Enrolled Bill communicated to Governor on March 15, 2021
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Signed by Speaker
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Signed by President
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Enrolled
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Impact statement from DPB (HB2137S2)
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VOTE: Adoption #2 (54-Y 44-N)
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Senate substitute agreed to by House 21200620D-S2 (54-Y 44-N)
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Reconsideration of Senate substitute agreed to by House
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VOTE: Adoption (52-Y 44-N)
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Senate substitute agreed to by House 21200620D-S2 (52-Y 44-N)
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Placed on Calendar
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Passed Senate with substitute (21-Y 18-N)
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Engrossed by Senate - floor substitute HB2137S2
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Substitute by Senator Barker agreed to 21200620D-S2
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Reading of substitute waived
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Committee substitute rejected 21200524D-S1
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Reading of substitute waived
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Read third time
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Floor substitute printed 21200620D-S2 (Barker)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Reconsideration of Senate substitute agreed to by House
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Finance and Appropriations (11-Y 4-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 21200524D-S1
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Reported from Commerce and Labor with substitute (12-Y 3-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (HB2137E)
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Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Passage (54-Y 46-N)
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Read third time and passed House (54-Y 46-N)
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Printed as engrossed 21101625D-E
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Engrossed by House as amended HB2137E
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Committee amendment agreed to
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Read second time
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Read first time
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Reported from Appropriations with amendment(s) (13-Y 9-N)
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Subcommittee recommends reporting with amendments (5-Y 3-N)
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House subcommittee amendments and substitutes offered
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Assigned App. sub: Compensation & General Government
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Impact statement from DPB (HB2137)
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Referred to Committee on Appropriations
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Reported from Labor and Commerce (13-Y 8-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned L & C sub: Subcommittee #1
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/13/21 21101625D
Sponsors
- Jeion A. Ward · Cosponsor
- Betsy B. Carr · Cosponsor
- Joshua G. Cole · Cosponsor
- Karrie K. Delaney · Cosponsor
- Jr. C.E. Cliff Hayes · Cosponsor
- Dan I. Helmer · Cosponsor
- Patrick A. Hope · Cosponsor
- Paul E. Krizek · Cosponsor
- Alfonso H. Lopez · Cosponsor
- Marcia S. "Cia" Price · Cosponsor
- Sam Rasoul · Cosponsor
- Marcus B. Simon · Cosponsor
- Shelly A. Simonds · Cosponsor
- Kathy K.L. Tran · Cosponsor
- Rodney T. Willett · Cosponsor
- Jennifer B. Boysko · Cosponsor
- Jennifer L. McClellan · Cosponsor
- Mark D. Sickles · Cosponsor
- Candi Mundon King · Cosponsor
- Elizabeth R. Guzman · Primary
- Lashrecse D. Aird · Cosponsor
- Suhas Subramanyam · Cosponsor
- Ibraheem S. Samirah · Cosponsor
- Kenneth R. Plum · Cosponsor
- Kathleen Murphy · Cosponsor
- Mark H. Levine · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
- Lee J. Carter · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 28 co-sponsors · 119 not signed on · 64 voted No
Sponsors (1)
Co-sponsors (28)
- Jeion A. Ward
- Betsy B. Carr
- Joshua G. Cole
- Karrie K. Delaney
- C.E. Cliff Hayes, Jr.
- Dan I. Helmer
- Patrick A. Hope
- Paul E. Krizek
- Alfonso H. Lopez
- Marcia S. "Cia" Price
- Sam Rasoul
- Marcus B. Simon
- Shelly A. Simonds
- Kathy K.L. Tran
- Rodney T. Willett
- Jennifer B. Boysko
- Jennifer L. McClellan
- Mark D. Sickles
- Candi Mundon King
- Aird, Lashrecse D.
- Subramanyam, Suhas
- Samirah, Ibraheem S.
- Plum, Kenneth R.
- Murphy, Kathleen
- Levine, Mark H.
- Kory, Kaye
- Keam, Mark L.
- Carter, Lee J.
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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 | 53 | 44 | 0 | 2 |
| Total | 53 | 44 | 0 | 2 |
| % of votes cast | 54% | 44% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 44 | 0 | 4 |
| Total | 51 | 44 | 0 | 4 |
| % of votes cast | 52% | 44% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 18 | 0 | 0 |
| Total | 21 | 18 | 0 | 0 |
| % of votes cast | 54% | 46% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Barbara A. Favola | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Dunnavant, Siobhan S. | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| Vogel, Jill Holtzman | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Barbara A. Favola | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Chase, Amanda F. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 4 | 0 | 0 |
| Total | 11 | 4 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (15)
| 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 |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 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 | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 46 | 0 | 0 |
| Total | 53 | 46 | 0 | 0 |
| % of votes cast | 54% | 46% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Luke E. Torian | — | Not Voting |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | 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 |
|---|---|---|
| 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 | — | Yea |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Nay |
| 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 | 8 | 0 | 1 |
| Total | 13 | 8 | 0 | 1 |
| % of votes cast | 59% | 36% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Ayala, Hala S. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Christopher T. Head | — | Nay |
| Don Scott | — | Yea |
| 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 | — | Not Voting |
| 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 | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bourne, Jeffrey M. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Jeion A. Ward | — | Not Voting |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Tony O. Wilt | — | Nay |
Subjects
Frequently asked questions
- What does HB 2137 do?
- Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill 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 leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) 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 or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.
- Who sponsors HB 2137?
- HB 2137 is sponsored by Jeion A. Ward, Betsy B. Carr, Joshua G. Cole, Karrie K. Delaney, C.E. Cliff Hayes, Jr., Dan I. Helmer, Patrick A. Hope, Paul E. Krizek, Alfonso H. Lopez, Marcia S. "Cia" Price, Sam Rasoul, Marcus B. Simon, Shelly A. Simonds, Kathy K.L. Tran, Rodney T. Willett, Jennifer B. Boysko, Jennifer L. McClellan, Mark D. Sickles, Candi Mundon King, Elizabeth R. Guzman, Aird, Lashrecse D., Subramanyam, Suhas, Samirah, Ibraheem S., Plum, Kenneth R., Murphy, Kathleen, Levine, Mark H., Kory, Kaye, Keam, Mark L., and Carter, Lee J..
- What is the current status of HB 2137?
- This bill has been enacted into law. Introduced January 12, 2021. Enacted.
- Where can I track HB 2137?
- Track HB 2137 free on One Click Politics — get push/email alerts when it moves.
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